ARCHIVES
STATE OF NEW JERSEY,
FIRST SERIES.
Vol. VI.
This volume was compiled and edited by authority
of the State of New Jersey; at the request of the
New Jersey Historical Society, and under the direc-
tion of the following committee :
NATHANIEL NILES, Ch'n,
MARCUS L. WARD,
JOEL PARKER,
W. A. WHITEHEAD.
DOCUMENTS
RELATING TO THK
COLONIAL HISTORY
OF THE
STATE OF NEW JERSEY,
EDITED BY
WILLIAM A. WHITEHEAD,
Corresponding Secretary of the New Jersey Historical Society; Author of
East Jersey Under the Proprietary Governments; Contributions
to the Early History of Perth Amboy and the Surround-
ing Country ; Editor of the Papers of Lewis Mor-
ris, and of an Analytical Index to the
Colonial Documents of New
Jersey, etc., etc.
VOLUME VI.
ADMINISTRATIONS OF GOVERNOR LEWIS MORRIS, PRESIDENT
JOHN HAMILTON AND PRESIDENT JOHN READING.
1738-1747. „*
f<^
NEWARK, N. J. :
DAILY ADVEETI8ER FEINTING HOUSE,
F
u
SOURCES
WHENCE THE DOCUMENTS IN THIS VOLUME WERE OBTAINED.
Public Record Office, London, England.
Manuscripts of the Neiu Jersey Historical Society.
Rutherfurd Collection of Manuscripts.
New York Colonial Documents in Secretary of State's Office,
Albany.
Elizabethtown Bill in Chancery.
New Jersey Secretary of State's Office, Trenton.
CONTENTS.
PAGE.
1738— Jan. 25.— Letter from the Lords of Trade to the Duke of
Newcastle— enclosing the Commission of Lewis Mor-
ris, as Governor of New Jersey 2
" April 14. — Letter from the Lords of Trade to the King —
enclosing instructions for Lewis Morris, as Governor
of New Jersey 13
" June 21.— Letter from William Wood to the Lords of Trade
— relative to the issuing of paper money in the Plan-
tations 51
— . — A proposal for the extending and enlarging the trade
and navigation of Great Britain, etc., by William
Wood 52
" Sept. 11. — Letters from Governor Ijewis Morris to the Lords
of Trade and the Duke of Newcastle — acknowledg-
ing the receipt of his Commission, etc 56
" — . — Address to the King from the C'ouncil and General
Assembly of New Jersey — thanking him for giving
. the Province a separate Governor from New York.. . 58
1739— May 10. — Letter from Governor Morris to Sir Charles Wager,
First Lord Commissioner of the Treasury — relating
to the affairs of New Jersey and New York 60
" 80. — Letter from ex-Governor Hamilton to the Lords of
Trade — complaining of certain proceedings of Gov-
ernor Morris 69
" June 4. — Letter from James Alexander to Peter Collinson —
relating to his difficulties with Governor Cosby and
President Clarke, of New York 71
" 4. — Letter from James Alexander to Mr. Rodrigo
Pacheco— enclosing the foregoing letter 77
1740— March 27.— Reports from the Lords of Trade to the House of
Lords — relating to the currency in America 78
Xll CONTENTS.
1740 — March 27. — State of the paper currency in the British Planta-
tions ........................................... 82
" April 29. — Report of Robert Dinwiddie to the Lords of Trade
— on the value and trade of the British Empire in
America ....................................... 83
" " 30. — Arguments of Richard Partridge — relating to the
currency in America _____ ........................ 91
" July 9. — Report to the Lords of Trade from the Committee
of Council — with draft of an additional instruction to
the Governors of Plantations in America ........... 94
" " 31. — Letter from Mr. Carkesse, Secretary to the Com-
missioners of the Customs — relative to a glass-house
in New Jersey ........................... ________ 98
" Aug. 31. — Letter from Governor Lewis Morris to the Duke of
Newcastle — about the raising of troops in New
Jersey ....... . ........ ____________ ...... ____ ..... 99
" Oct. 18. — Letter from Governor Lewis Morris to the Duke
of Newcastle — upon New Jersey affairs ........ ____ 100
" " 29. — Communication from Captain Thomlinson to Sec-
retary Thomas Hill, of the Board of Trade — enclos-
ing a scheme for putting the paper money in America
upon a better footing ____ .............. .. ...... . Ill
1741 — Jan. 3. — Proclamation of Governor Morris, relating to the
currency of Foreign Coins in the Plantations ...... 117
" •' 21. — Report of the Lords of Trade to the House of Com-
mons — relative to bills of credit in the Plantations.. 122
" April 23. — Order in Council appointing Archibald Home, one
of the Council of New Jersey ____ .................. 127
" Aug. 13. — Communication from the Lords of Trade to the
Lords Justices — relative to ensigns to be borne by
ships havir. g private commissions ---------- ....... 128
" " 16. — Letter from Governor Morris to the Lords of Trade
— about New Jersey affairs ____ ........... ., ....... 180
" Sept. 2. — Memorial of the Committees of the Proprietors of
East and West Jersey to Governor Morris — relating
to the line between New York and New Jersey ...... 138
" Nov. 4. — Representation of the Council and General Assem-
bly of New Jersey to Governor Morris — relative to
encouragement desired for the making of Iron in the
Province _____ ......... ................. -------- . 140
1742 — June 16. — Memorial of Rodrigo Pacheco and Richard Par-
tridge, in behalf of the Proprietors of East Jersey to
the Lords of Trade — asking for the confirmation of
an act for regulating the purchasing of lands from
the Indians. .. __________ 142
CONTENTS.
xin
PAGE.
1742 — June 38. — Address of the Eastern Council of Proprietors to
Governor Lewis Morris — relative to the partition line
between New York and New Jersey 144
1748 — Jan. 25.— Affidavit of James Alexander — relative to the posi-
tion of the North partition point between New Jersey
and New York 146
" March 8. — Letter from Secretary Hill to Francis Fane — rela-
tive to two acts of the New Jersey Assembly 150
" June 9. — Letter from John Hamilton to the Lords of Trade
— relative to the claim of Lewis Morris for salary,
while striving to obtain the Presidency of New Jer-
sey 151
" Aug. 23. — Letter from Samuel Gillibrand, Deputy Secretary
of the Lords of Trade to John Hamilton — in answer
to the foregoing letter 158
" " — . — Instructions from John Hamilton and Andrew
Johnston to John Lawrence for running the parti-
tion line between East and West Jersey 154
" Oct. 22. — Letter from Governor Lewis Morris of New Jersey
to Governor George Clinton of New York 162
" " — . — Petition of Abraham Vanaken and Juriam West-
phale to the Governor and Council of New Jersey —
relating to disturbances on the Northern boundary of
the Province
" NOT. 15.— Report of Chief Justice Robert H. Morris to the
Board of Proprietors of East Jersey — concerning the
Northern boundary.. 168
1744 — May 15. — Letter from John Hamilton to the Lords of Trade
acknowledging letter of Secretary Gillibrand of
August 28, 1748 172
" " 21.— Postscript to the New York Weekly Post-Boy—
containing particulars of the excommunication of a
Chief Justice in Pennsylvania 178
" June 28. — Speeches of Governor Lewis Morris to the General
to Assembly, with the Assembly's address, and Abstract
" July 3 of the proceedings on the Militia Bill ... 178
" Aug. 21. — Order in Council referring to the consideration of
the Lords of Trade, a petition from the inhabitants
of Elizabct ht own. praying that the King would hear
and determine their controversy with' the Proprietors 205
" Sept, 7. — Memorial of the East Jersey Proprietors to Gov-
ernor Morris — asking for the passage of an Act for
running the dividing line from New York export* 216
1745 — Jan. — Representation of the Council of New Jersey to
Governor Morris — containing reasons for rejecting
certain Acts, etc.. . 219
xiv CONTENTS.
PAGE.
1745 — Feb. 1. — Letter from Governor Morris to the Lords of Trade
— recommendations for the Council 232
'• " 28. — Certificate of Governor Morris — concerning the
Proprietors' Surrender^of the Government - 234
" • June 19. — Communication from the Lords of Trade to the
Lords Justices, confirming Governor Morris' recom-
mendations for the Council of February 1 237
" " 20. — Communication from the Lords of Trade to the
Lords Justices — making further recommendations for
the Council of New Jersey 237
'* Aug. 15. — Representation from the Lords of Trade to the
Lords Justices — proposing the repeal of the Act
regulating fees 238
" — — . — Population in New Jersey in 1737-38 and in 1745. . 242
" Nov. — Lists of Rioters in Essex County 245
" Oct. 3-18. — Minutes of the House of Representatives of New
Jersey. _____ 246
1746 — — . — "A Brief Vindication of the Purchasers against
the Proprietors, in a Christian Manner " _ _ 266
" Feb. — .Communication of the Rioters to the New York Post
Boy — about the Riot at Newark 292
" March 25. — A publication of the East Jersey Proprietors — re-
lating to the Riots. 297
" April 26. — Speech of Samuel Nevill in the House of Assembly
on the petition of inhabitants of the Northern part of
the Province ___ 323
' ' — — . — Petition to the House of Assembly by certain of the
Rioters 348
" May — . — List of Rioters in Essex county. 351
" " 11. — Commission to Robert H. Morris, Lewis Johnston
and Elisha Parker to run the line between East and
West Jersey 352
" June 4,18, 19. — Minutes of the Council of New Jersey 367
" " 30. — Letter from the East Jersey Proprietors — to a Com-
mittee of the subscribers to a proposal sent to the
Governor _ 353
" Aug. 7. — Order in Council upon a petition of Richard Par-
tridge, Agent for New Jersey — requesting that the
King shall authorize the Governor to approve the
bill providing for the issue of £40,000 in Bills of
Credit 861
" " 11. — Notice of Nathaniel Wheeler and others to the
Proprietors of East Jersey — stating their willingness
to appear in Court, etc., to test their rights 365
CONTENTS. IV
PAGE.
1 74ft— Aug. 18.— Proceedings of the Council of New Jersey— relative
to the raising of troops, the erection of a Beacon on
the Highlands of Neversink, etc 871
" " 29.— Letter from Elisha Parker, Attorney for the Pro-
prietors of East Jersey, to the Committee making,
the proposals under date of August 11 392
" Sept. 27. — Minutes of the Council of New Jersey — relative to
the embarkation of troops, etc 876
" Sept. 27. — Letter from President John Hamilton to the Coun-
cil of New York — relating to the. destruction by fire
of the Beacon on the Highlands of Neversink 379
" Nov. 1. — Letter from Captain Joseph Espinoza to Governor
Clinton, of New York — complaining of his imprison-
ment at Perth Amboy, on alleged infractions of the
privileges of a flag of truce 380
" — — . — Petition from Captain Joseph Espinoza to Gov-
ernor Clinton — connected with the preceding charges 381
" Dec. 23.— Affidavit of Elisha Parker— relative to legal pro-
ceedings of the Committee of the Rioters 895
" 24. — State of the facts concerning the late Riots at New-
ark, and in other parts of New Jersey, from Sep-
tember 19th, 1745 ... 897
" " — . — Letter from James Alexander and Robert Hunter
Morris, of the New Jersey Council, to the Lords of
Trade — giving an account of the condition of the
Province 419
1747 — Feb. 17. — Letter from Ferdinand John Paris to James Alex-
ander—about Governor Belcher's delay in obtaining
his Commission 422
" March 19.— Proceedings of the Council of New Jersey 424
" April 22. — Letter from David Ogden to President Hamilton
transmitting affidavits respecting the Riots 426
" " 29.— Representation of the Lords of Trade to the King
respecting a petition of Richard Partridge to author-
ize the Governor of New Jersey to issue Bills of
Credit 488
" May 6 & 9. — Proceedings of the Council and message from
President Hamilton to the House of Assembly of
New Jersey, with their answer 435
" May 6. — Letter from Governor Clinton, of New York, to
Colonel Schuyler of the New Jersey forces— about
the paying of his troops 441
" " 9. — Order of the Lords of the Committee of Council
upon a petition of Jonathan Belcher, appointed Gov-
ernor of New Jersey— relative to his salary 443
XVI CONTENTS.
PAGE.
1747— May 10.— Letter from James Alexander and Robert H. Mor-
ris, of New Jersey, to the Lords of Trade, written at
the request of President Hamilton r 446
" " 11.— Letter from President Hamilton to Colonel Peter
Schuyler, commanding the New Jersey forces 447
" " 19. — Order of the Lords of the Committee of Council,
referring to the Lords of Trade, a petition of Jona-
than Belcher, appointed Governor of New Jersey —
for permission to be absent from his Government for
two or three months, to visit New England 449
" " 23.— Letter from Governor Clinton, of New York, to
the Duke of New Castle— relating to the payment of
troops 451
" " 28.— Report of the Lords of Trade on the petition of
Jonathan Belcher, submitted on the 19th of May 453
" " — . — List of Rioters in Somerset and Middlesex Coun-
ties, New Jersey 455
" June — . — Judge Nevill's charge to the Grand Jury of Mid-
dlesex County, about the Riots 456
" 25. — Letter from John Reading, eldest Councillor of
New Jersey, to the Lords of Trade — informing them
of the death of President Hamilton, and that he had
assumed the Government 462
" July 18. — Letter from John Deare to Chief Justice Morris,
informing him of the Riot at Perth Amboy 463
" " 20. — Affidavits relating to the Riot at Perth Amboy,
July 17th 465
" 28. — Letter from Chief Justice Robert Hunter Morris to
James Alexander — about New Jersey affairs 471
NEW JERSEY
COLONIAL DOCUMENTS.
From the Lords of Trade to the King, with Draft of
a Commission for Lewis Morris as Governor of
New Jersey.
[From P. B. O. B. T. New Jersey, Vol. XIV, p. 400. |
To THE KING'S MOST EXCELLT MAJV
May it please your Majesty.
In Obedience to Your Majesty's Commands signi-
fied to Us by a Letter from his Grace the Duke of
Newcastle dated the 13'.h Instant, We have prepared
the Draught of a Commission for Lewis Moms Sen'
Esqr to be Your Majesty's Governor of New Jersey in
America, Which being in the usual Form, We here-
with humbly lay the same before your Majesty, and
shall prepare the necessary Instructions for him with
all possible Dispatch.
Which is most humbly submitted
MONSUX
T PELHAM
EDWP ASHE
R. PLUMER
Whitehall 25. Jan'ry 1737-8 M. BLADEN
ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
Draught of Commission of Lewis Morris Sen?
r to be Gov? of New Jersey.
GEORGE the second by the Grace of God, of Great
Britain France and Ireland King, Defender of the
Faith &c. To Our Trusty and Wellbelov'd Lewis Mor-
ris Senior Esqr Greeting. -Whereas We did by Our
Letters Patents under Our Great Seal of Great Britain
bearing Date at Westminster the day of
1737 in the Eleventh Year of Our Reign constitute and
appoint Our Right Trusty and welbeloved John Lord
Delawarr, Cap* General & Governor in chief in and
over Our Province of Nova Ceesarea or new Jersey
viz* The Division of East & West New Jersey in
America for and during Our Will and Pleasure, as by
the said recited Letters Patents, relation being there-
unto had, may more fully and at large appear: Now
know you that We have revok'd and determin'd and
by these Presents do revoke and determine the said
recited Letters Patents & every Clause Article and
thing therein contain'd, And further know You that
we reposing especial Trust and confidence, in the
Prudence Courage and Loyalty of you the said Lewis
Morris, of Our especial Grace certain knowledge and
meer Motion have thought fit to constitute and appoint
& by these presents do constitute & appoint you the
said Lewis Morris to be our Captain Gen.1 & Governor
in chief in and over Our Province of Nova Caesarea or
New Jersey viz* the Division of East & West New
Jersey in America, which we have thought fitt to
re- unite into One Province and settle under one entire
Government.
And we do hereby require and command you to do
and execute all things in due manner that shall belong
unto your said Command and the Trust We have
1738] ADMINISTRATION OF GOVERNOR LEWIS StOKKIS.
reposed in you, according to the several powers and
Directions granted or appointed you by this Present
Commission and the Instructions and authorities
herewith given you, or by such further Powers
Instructions and Authorities as shall at any time here-
after be granted or appointed you under our Signet
and sign Manual or by Our Order in our Privy Coun-
cil and according to such reasonable Laws and Stat-
utes as now are in force or hereafter shall be made
and agreed upon by you with the Advice and consent
of Our Council & the Assembly of Our said Province
under your Government in such Manner and Form as
is hereafter expressed.
And OUR WILL & PLEASURE is. that you the said
Lewis Moms, after the Publication of these Our Let-
ters Patents, do in the first Place take the Oaths
appointed to be taken by an Act passed in the First
Year of Our late Royall Father's Reign En til? An Act
for the further Security of His Majesty's Person and
Government, and the Succession of the Crown in tlie
Heirs of the late Princess tiophia being Protestants,
And for Extinguishing the Hopes of the Pretended
Prince of Wales & his open and secret Abettors: As
also that you make and subscribe the Declaration men-
tion'd in the Act of Parliament made in the 251!' Year
of the Reign of King Charles the Second Entituled an
Act for preventing Dangers which mat/ happen from
Popish Recusants and likewise that you take the
usual Oath for the due Execution of the Office and
Trust of Our Captain Gen! & Governor in chief in and
over our said Province of Nova Caesarea or New Jer-
sey as well with regard to the due and impartial
Administration of Justice as otherwise, and further
that you take the Oath required to be taken by Gov-
ernors of Plantations to do their utmost that the sev-
eral Laws relating to Trade aud the Plantations be
observed which said Oaths and Declaration Our Coun-
4 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
cil in Our said Province or any three of the Members
thereof, have hereby full Power and Authority and
are required to tender and administer unto you, and in
your absence to Our Lieut* Governor if there be any
upon the Place all which being duly perform'd; You
shall Administer to each of the Members of Our said
Governor to Council as also to Our Lieu^ Governor if there
administer the
oaths to Dep- be any upon the Place the Oaths mentioned
uty Governor in the said Act Entituled An Act for the
[and] Council-
lors further Security of his Majesty's Person
and Government and the Succession of the Crown in
the Heirs of the late Princess Sophia being Protestants
& for extinguishing the hopes of the Pretended Prince
of Wales and his open and Secret Abettors. As Also
to cause them to make & Subscribe the aforemen-
tioned Declaration and to Administer to them the Oath
for the due Execution of their Places & Trusts
TO supreme ^nd We <jo hereby give and grant unto
(suspend*] J
councillors you full Power and Authority to Suspend
any of the Members of Our said Council, from sitting
voting and Assisting therein if you shall find just
cause for so doing.
TO give ac- And if it shall at any time happen that by
count of va- the Death departure out of Our said Prov-
"3 ince or Suspension of any of Our said Coun-
to be cillors or otherwise there shall be a Vacancy
in Our said Council (any three whereof We
do hereby appoint to be a Quorum) OUR WILL &
PLEASURE is that you Signify the same unto Us by
the first Opportunity that We may under Our Signet
and Sign Manual constitute and appoint others in their
Stead.
Trt . But that Our Affairs mav not suffer at
JL o mi up » «** ~
in that Distance for want of a due Number of
on Councillors if ever it shall happen that there
the island to shall be less than Seven of them residing in
Our said Province; We do hereby give
1738] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 5
grant unto you the said John Montgomery' full Power
and Authority to chuse as many Persons out of the
Principal Freeholders Inhabitants thereof as will make
up the full Number of Our said Council to be Seven
and no mure which Persons so chosen & appointed by
You shall be to all Intents and Purposes Councillors in
Our said Province until either they shall be confirm'd
by Us or that by the Nomination of others by Us
under Our Sign Manual and Signet Our said Council
shall have Seven or more Persons in it
TO caii AS- And w« do hereby give & grant unto You
sembiie* full Power and Authority with the Advice
and Consent of Our said Council from time to time as
need shall require to Summon and call General Assem-
blies of the said Freeholders and Planters within your
Government in manner and form as shall be directed
in Our Instructions which shall be given You together
with this Our Commission.
AND PLEASURE IS that the
Assembly Men
to take the Persons thereupon duly Elected by the Major
Part of the Freeholders of the respective
Counties and places and so returned shall before their
Sitting take the Oaths mentioned in the said Act
Entituled An Act for the further Security of his
Afajestys Person and Government and the Succession
of the Crown. in the Heirs of the late Princess Sophia
being Protestants And for Extinguishing the Hopes of
the Pretended Prince of Wales and his Open and
Secret Abettors. As also make and Subscribe the
foremention'd Declaration which Oaths and Declara-
tion You shall Commissionate fit Persons under Our
Seal of Nova Caesarea or New Jersey to tender and
Administer unto them and until the same shall be so
taken and Subscribed no person shall be capable of
1 The Commission to Oovernor Montgomerie being taken for the model of the
present one, it is to be presumed that his name was inadvertently used eleven times,
as it is, in the Public Records instead of that of Governor Morris.— Eo.
6 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
Kitting tlio* Elected And We do hereby declare that
the Persons so Elected and qualified shall be called and
deemed the General Assembly of that Our Province.
And You the said John Montgomery with
To pass Laws *
the Consent of Our said Council and Assem-
bly or a Major Part of them respectively shall have
full Power and Authority to make constitute and
ordain Laws Statutes and Ordinances for the Publick
Peace Welfare and Good Government of Our said
Province and of the People and Inhabitants thereof
and such others as shall resort thereto and for the
Benefit of Us Our Heirs and Successors which said
Laws Statutes & Ordinances are not to be repugnant
but as near as may be agreable to the Laws and
Statutes of this Our Kingdom of Great Britain Pro-
vided that all such Laws, Statutes and Ordinances of
t what Nature or duration soever be within
Acts to be sent
home for Ap- three Months or sooner after the making
probation thereof transmitted unto Us under Our Seal
of Nova Caesaria or New -Jersey for Our Approbation
or disallowance of the same, As also Duplicates thereof
by the next Conveyance.
Repealed ^nc* m Case any or all of the said Laws,
Laws to be Statutes and Ordinances (being not before
confirm'd by Us) shall at any time be disal-
lowed and not approved and so Signify'd by Us Our
Heirs and Successors under Our or their Privy Council
unto you the said John Montgomery or to the Com-
mander in Chief of Our said Province for the time
being then such and so many of the said Laws Stat-
utes and Ordinances as shall be so disallowed & not
approved shall from thenceforth cease determine and
become utterly void and of none Effect anything to
the contrary thereof notwithstanding.
Governor to And to the end that nothing may be
passed or done by Our said Council or
Assembly to the Piejudice of Us Our Heirs
1738] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. ?
& Successors We will and Ordain that You the said
John Montgomery shall have and enjoy a Negative
Voice in the making and passing of all Laws Statutes
& Ordinances as aforesaid.
And you shall and may likewise from time
Power to ad-
journ &c A»- to time as you shall Judge it necessary
adjourn prorogue and dissolve all General
Assemblys as aforesaid
Our further Will and Pleasure is that you shall and
TO use the mav use anc^ nee(^ the publick Seal of Our
pubitck seal Province of Nova Caesaria or New-Jersey
for Sealing all things whatsoever that, pass the Great
Seal of Our said Province under Your Government.
TO Administer We do further give and grant unto you
a^pe^ns he" the ^i^ John Montgomery full Power and
Rhaii think at Authority from time to time and at any
time hereafter by your Self or by any other to be
Authorized by you in that behalf to Administer and
give the aforemention'd Oaths to all and every such
Person or Persons as you shall think fit who shall at
any time or times pass into Our said Province or shall
be resident or abiding there
„.„* ui, u And we do further bv these Presents give
To Establish * "
courts of ju- and grant unto you the said John Mont-
gomery full Power & Authority with the
Advice and Consent of Our said Council to erect con-
stitute and establish such and so many Courts of Judi-
cature and Publick Justice within Our said Province
under your Government as you and they shall think
fit and necessary for the hearing and determining of
all Causes as well Criminal as Civil according to Law
and Equity and for awarding of Execution thereupon
with all reasonable & necessary Powers Authorities,
Fees and Privileges belonging thereto As also to
appoint and Commissionate fit Persons in the several
parts of your Government to Administer the Oaths
mentioned in the aforesaid Act Entituled An Act for
the further Security of his Majestys Person and Oov-
H ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
eminent and the Succession of the Crown in the Heirs
of the Princess Sophia being Protestants and for
Extinguishing the hopes of the pretended Prince of
Wales and his Open and Secret Abettors As also to
tender and Administer the aforesaid Declaration unto
such Persons belonging to the said Courts as shall he
obliged to take the same.
And We do hereby Authorize and Im-
ju» power You to constitute and appoint Judges
tices of Peace (an(j ni Qases requisite) Com miss" of Over
and Terminer Justices of the Peace and
other necessary Officers and Ministers in Our said
Province for the better Administration of Justice and
putting the Laws in Execution and to Administer or
cause to be Administred unto them such Oath or Oaths
as are usually given for the due Execution and per-
formance of Offices and Places and for the clearing of
Truth in Judicial Causes
May pardon And We do hereby give and grant unto
or Reprieve you full Power and Authority where you
shall see Cause or shall Judge any Offender or Offend-
ers in Criminal Matters or for any Fines or Forfeitures
due unto Us fit Objects of Our Mercy to pardon all
such Offenders and to remit all such Offences Fines
and Forfeitures, Treason and Willful Murder alone
excepted in which Cases you shall likewise have Power
upon extraordinary Occasions to grant Reprieves to
the Offenders until and to the Intent Our Royal Pleas-
ure may be known therein,
We do by these Presents Authorize and
To Collate •*
Parsons to Impower you to Collate any Person or Per-
sons to any Churches Chappels or other
Ecclesiastical Benefices within Our said Province as
any of them shall happen to be void.
TO Arm & ^^ ^e ^° hereby giye and grant unto
Muster the in- you the said John Montgomery by your Self
or by your Cap? & Commanders by you to
be Authorized full Power and Authority to Levy Arm
1738 j ADMINISTRATION OF GOVERNOR LEWIS MORRIS. #
Muster Command and Employ all persons whatsoever
residing within Our said Province of Nova Caesaria or
New Jersey under your Government and as Occasion
shall serve to March from one Place to another or to
embark them for the resisting and withstanding of all
Enemies Pirates Rehels both at Sea and Land and to
Transport such Forces to any of Our Plantations in
America (if necessity shall require for the Defence of
the same against the Invasion or Attempts of any of
Our Enemies and such Enemies Pirates and Rebels, if
TopursueEue- there shall be Occasion to pursue & prose-
mie8 cute in or out of the Limits of Our said
Province and Plantations or any of them and if it shall
so please God them to vanquish apprehend and take
and being taken either according to Law to put to
Death or keep and preserve alive at your Discretion
and to Execute Martial Law in time of Invasion or
other times when by Law it may be Executed and to
and Execute ^° an(^ Execute all and every other thing
Martial Law an(j things which to Our Cap' General and
Gov". in Chief doth or ought of Right to belong.
TO Buiid can- ^I1(^ We do hereby give and grant unto
ties. Form, you full power and Authority by and with
the Advice and Consent of Our said Council
to erect raise and build in Our said Province of Nova
Caesaria or New Jersey such and so many Forts and
Plat Forms Castles Cities Boroughs Towns and Forti-
fications as you by the Advice aforesaid shall Judge
necessary, and the same or any of them to Fortyfy
and Furnish with Ordnance Ammunition and all Sorts
of Armes fit and necessary for the Security and De-
fence of Our said Province and by the Advice aforesaid
the same again or any of them to Demolish or Dis-
mantle as may be most Convenient.
TO appoint And forasmuch as divers Mutinies and
cap... and Disorders may happen by Persons Shipped
for^s^MSe™ and Employ'd at Sea during the time of
vice War and to the end that such as shall be
10 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
Shipped or Imploy'd at Sea during the time of War
may be better Governed and Order'd We do hereby
give and grant unto you the said John Montgomery
full Power and Authority to constitute and appoint
Cap1.8 Lieu*' Masters of Ships and other Commanders
and Officers Commissions to Execute the Law Martial
according to the Directions of An Act pass'd in the
13th Year of the Reign of King Charles the Second
Entituled An Act for the Establishing Articles and
Orders for the Eegulating & better Government of his
Majesties Navies Ships of War and Forces by Sea
during the time of War &c. to use such proceedings
Authorities Punishments Corrections and Executions
upon any Offender or Offenders who shall be Mutinous
Seditious Disorderly or any way unruly either at Sea
or during the time of their Abode or Eesidence in any
of the Ports Harbours or Bays of Our said Province as
the Cause shall be found to require according to Mar-
tial Law and the said Directions during the time of
War as aforesaid.
Provided that nothing herein contained shall be con-
Not to take strued to the enabling You or any by your
cognizance of Authority to hold Plea or have any Juris-
by7* 'persons diction of any Offence Cause Matter or
Employed in Thing committed or done upon the High
Ships of War
on the High Sea or without or the Havens Elvers or
Seas- Creeks of Our said Province under your
Government by any Cap* Commander Lieu* Master
Officer Seaman Soldeer or other Person whatsoever
who shall be in Actual Service and pay in or on Board
any of Our Ships of War or other Vessels acting by
Immediate Commission or Warrant from Our Com-
missr-8 for Executing the Office of Our High Admiral
or from Our High Admiral of Great Britain for the
time being under the Seal of Our Admiralty But that
such Cap* Commander Lieutenant Master Officer Sea-
man Soldier or other Person whatsoever who shall be
ADMINISTRATION OF GOVERNOR LEWIS MOBRIS. 11
in Actual Service and pay in or on Board any of Our
Subjects War or other Vessels acting by Immediate
Commission or Warrant from Cur Commiss" for Exe
cuting the Office of Our High Admiral or from Our
High Admiral of Great Britain for the time being
under the Seal of Our Admiralty But that such Cap?
Commander Lieu1 Master, Officer, Seaman Soldier or
other Pei-son so Offending shall be left to be proceeded
against and try'd as their Offences shall require either
by Commission under Our Great Seal of Great Britain
as the Statute of the ^sth of Henry the Eighth Directs
or by Commission from Our said Commits" for Exe-
cuting the Office of Our High Admiral of Great Britain
for the time being according to the aforementioned
Act for the Establishing Articles and Orders for the
regulating and better Government of His Majestys
Navies Ships of War and Forces by Sea and not other-
wise.
But what is Provided Nevertheless that all disorders
done on shore and Misdeameanours committed on Shore
sons he may by any Cap' Commander Lieu* Master Offi-
cer Seaman Soldier or other Person whatso-
ever belonging to any of Our Ships of War or other
Vessels acting by immediate Commission or Warrant
from Our said Commiss" for Executing the Office of
Our High Admiral or from Our High Admiral of Great
Britain for the time being under the Seal of Our Admi-
ralty may be tryed and punished according to the
Laws of the Place where any such Disorders Offences
and Misdemeanors shall be committed on Shore not-
withstanding such Offender be in Our Actual Service
and Born in Our Pay on Board any such Our Ships of
War or other Vessels Acting by Immediate Commis-
sion or Warrant from Our said Commiss"1 for Execu-
ting the Office of Our High Admiral or Our High
Admiral of Great Britain for the time being as afore-
said so as he shall not receive any Protection for the
12 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
Avoiding of Justice for such Offences committed on
Shore from any pretence of his being Imployed in Our
Service at Sea.
Our further Will and Pleasure is that all
to" be issued publick Mony raised or which shall be raised
by oov'rs by any Act hereafter to be made within our
said Province be issued out by Warrant
from You by and with the Advice and Consent of Our
Council and disposed of by You for the Support of the
Government and not otherwise.
TO appoint ^n(^ ^e ^° hereby giye You the said John
Fairs, Marts, Montgomery full Power and Authority to
order and appoint Fairs, Marts and Markets
as also such and so many Ports, Harbours Bays
Havens and other Places for the Convenience and
Security of Shipping and for the better Loading and
unloading of Goods and Merchandise as by you with
the Advice and Consent of Our said Council shall be
thought fit and necessary.
And We do hereby require and Command
&c:tobeoibe^ all Officers and Ministers Civil & Military
dient, aiding ail(j a\\ other Inhabitants of our said Prov-
&c
ince to be obedient aiding and assisting unto
You the said John Montgomery in the Execution of
this Our Commission and of the Powers and Authori-
ties herein contained And in case of your Death or
Absence out of Our said Province to be obedient aid-
ing and Assisting unto such Person as shall be
appointed by Us to be Our Lieuf Govf or Commander
in Chief .of Our said Province to whom We do there-
fore by these Presents give and grant all and Singular
the Powers and Authorities herein granted to be by
him executed and enjoyed during Our Pleasure or
until your Arrival within Our said Province.
And if upon your Death or Absence out of
President of . ^ . J ,. ,
the council to Our said Province there be no Person upon
the Place Commissionated or Appointed by
Us to be Our Lieu' Governor or Commander
1738] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 13
in Chief of the said Province, Our Will and Pleasure
is that the Eldest Councillor whose name is first placed
in Our said Instructions to you and who shall be at
the time of your Death or Absence residing within Our
said Province of New Jersey shall take upon him the
Administration of the Government and Execute Our
said Commission and Instructions and the several
Powers and Authorities therein contained in the same
manner and to all Intents & Purposes as other Our
Governor or Commander in Chief of Our said Province
should or ought to do in Case of Your Absence until
you return or in all Cases until Our further Pleasure
be known therein
TO Execute And We ^° nereDV Declare, Ordain and
these powers Appoint that you the said John Montgomery
Kki£f Ple^e shall and may hold execute and enjoy the
«"•* Office and Place of Our Cap* General and
Governor in Chief in and over Our Province of Nova
Caesaria or New-Jersey together will all and Singular
the Powers and Authorities hereby granted unto You
for and during Our Will and Pleasure.
IN WITNESS whereof We have Caused these Our
letters to be made Patents Witness Our Self at West-
minster the Day 1737 In the first Year of Our
Reign
From the Lords of Trade- to the King —with a draff
of the Instructions to Lewis Morris o,s- Gor-
eruor of New Jersey.
IFrom P. R. O. B. T. New Jewey. Vol. XIV. p. 408.]
To THE KINGS MOST EXCELLT MAJESTY
May it please your Majesty
In Obedience to your Maj'Y* Commands signified to
Us by his Grace the Duke of Newcastle, One of your
14 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
Majesty's Principal Secretaries of State in his Letter
of the 18*.h Day of January last, We have prepared the
the inclosed Draught of general Instructions, arid of
those which relate to the Acts of Trade & Navigation
for Lewis Morris Sen!" Esq' whom your Majesty has
been pleased to appoint Governor & Commander in
chief of New Jersey in which We have made no Alter-
ations or Omissions from the Instructions which your
Majesty has already approved to your other Governors
in America, and to your Majestys late Governor of
New York & New Jersey Col? Cosby except in the
following Articles.
In the first Article We have inserted, as usual, the
Names of twelve Councillors viz^ John Hamilton, John
Wells, John Reading Cornelius Van Horn, William
Provost, John Schuyler, Thomas Farmer, John Rod
man, Richard Smith, Robert Lettice Hooper, Robert
Hunter Morris, and Fen wick Lyell Esqr.s of this Num-
ber, the first five are at present actually in the Exer-
cise of that Function, the remaining seven are recom-
mended to Us, as Persons well qualified to serve your
Majesty in that Station.
At the same time we take Leave to inform your
Majesty that We have omitted the Name of James
Alexander who stands upon the old List of Councillors,
because We have been inform'd he is a Person not
proper to serve in that Station, and represented the
same to your Majesty in Our Report of the as1." August
1735.
We have omitted the 28'." Article for laying as high
Duties on all goods imported in or exported from New
Jersey as from New York, it being contrary to the
general Tenor of your Majesty's Instructions to all
your other Governors in -America, to lay any Duties on
British Goods or Shipping.
We have omitted the Words New York in the 3P'
Article, relating to the provision for the Lieut' Govr. in
the Absence of the Governor, as likewise the Proviso
1738] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 15
at the End of it, which relates to the Governors going
into Connecticut to regulate the Militia When both
New York & New Jersey were under One Governor,
this might be necessary but not at present.
We have omitted the 57th Article relatiing to the
Affirmation of Quakers that being provided for by an
Act pass'd in this province in 1 727-8
We have likewise omitted the 91?* Article relating to
the Tryal of Pyrates Mr Morris not being as yet
appointed a Commissr for that purpose.
All which is most humbly submitted
MONSON
M. BLADEN
Whitehall April the 141." 1738. JA. BRUDENELL
R. PLUMER
R. HERBERT.
Instructions to our Trusty and Welbeloved Lewis
Moms Esq' Our Capt? General and Governor in chief
in and over Our Province of Nova Caesarea or New
Jersey in America Given at
First With these Our Intructions you will receive
Our Commiss" under Our Great Seal of Great Britain,
constituting you Our Capt" General & Governor in
chief in & over Our Province of New Jersey, You are
therefore with all convenient speed to repair to Our
said Province and being then? arrived you are to take
upon you the Execution of the Place and Trust We
have reposed in you and forthwith to call together the
following persons, whom We do by these Presents
constitute & appoint members of Our Council in and
for that Province viz* John Hamilton John Wells, John
Reading, Cornelius Vau Horn William Pro-
Councillors
vost, John Schuyler, Thomas Farmer John
Rodman, Richard Smith, Robert Lettice Hooper,
Robert Hunter Morris, and Fenwick Lyell Esq™ As
also John Peagrum Esq" Surveyor Gen! of Our Cus-
toms and the Surveyor Gen) of Our Customs in the
16 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
Northern District of Our Dominions in America, for
the time being shall be admitted to sit and vote in the
Council as a Councillor Extraordinary.
commission ^y ^-n(^ vou are w^h all due Solemnity
to be publish- to cause Our said Commission to be read
and published at the said Meeting of Our
Council which being done you shall then take, and
also administer to each of the Members of Our said
Council the Oaths mention'd in an Act pass'd in the
1 -1 Year of his late Majesty's Our Royal Fathers Reign
Entituled an Act for the further Security of
Oath taken
his Majesty's Person and Government, and
Succession of the Crown in the Heirs of the late Prin-
cess Sophia being Protestants and for extinguishing
the Hopes of the pretended Prince of Wales and his
open and secret Abettors, as also make and subscribe
and cause the Members of Our said Council to make
and subscribe the Declaration mentioned in an Act of
Parliament made in the 25l.h Year of the Reign of King
Charles the 2? entituled An Act for preventing Dan-
gers which may happen from Popish Recusants and
you and every of them are likewise to take an Oath
for the due Execution of your and their Places &
Trusts, with regard to your and their equal and impar-
tial Administration of Justice, and you are also to take
the Oath required to be taken by Governors of Planta-
tions to do their Utmost that the Laws relating to the
Plantations be observed. t
ai*e forthwith to communicate unto
what instruc-
«ons to be Our said Council, such and so man of these
Instructions, wherein their Advice &
council. Consent are required, as likewise all such
others from time to ttme as you shall find convenient
for Our Service to be imparted to them.
Freedom of ^ ^ou are ^° Pei>m^ the Members of Our
Debate in said Council to have and enjoy Freedom of
council debate and yote in aU Affairs of publick
Concern that may be debated in Council.
1738] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 17
5 And altho' by our Commiss" aforesaid We have
thought fit to direct that any three of Our Councillors
make a Quorum it is never-theless Our Will
Quorum
A: Pleasure that you do not act with a
Quorum of less than five Members, unless upon Extra-
ordinary Emergencies, when a greater Number cannot
be conveniently had.
6 And that We may be always informed of the
Names and Characters of Persons fit to supply the
Vacancies that shall happen in Our said Council you
are to transmit unto Us by one of Our principal Secre-
taries of State and, to Our Com™ for Trade & Planta-
tions with all convenient speed, the Names & Charac-
ters of six Persons Inhabitants of the Eastern Division,
anc* s*x °*ner persons inhabitants of the
WesteiTi Division of Our said Province,
whom you shall esteem the best qualified
for that Trust, and so from time to time, when any of
them shall dye, depart out of Our said Province, be
sworn into Our said Council or become unfit, you are
to nominate unto Us so many others in their stead,
that a List of twelve Persons fit to supply the said
Vacancies viz? six of the East & six of the West divi-
sion as aforesaid, may be always compleat.
7 And whereas by Our Commission you are impow-
er'd in case of the Death or Absence of any of Our
Council of the said Province to fill up the Vacancies in
Our said Council to the number of Seven
Vacancies to
be suppiyed and no more, you are from time to time to
send to Us as aforesaid, and to Our Coin-
miss" for Trade and Plantations the Name or Names
and qualities of any member or members, by you put
into Our said Council by the first conveniency after
your so doing.
8 And in the choice & Nomination of the Members
Qualification °^ ®ur ^^ Council, as also of the Chief
or omcers. Officers, Judges, Assistants, Justices and
3
18 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [173.S
Sheriffs, you are always to take care that they be men
of good Life and well affected to Our Government, of
good Estates & Abilities & not necessitous People.
0 You are neither to augment nor diminish the
Number of Our said Council, as it is already estab-
suspension of lished, nor to suspend any of the members
councillors thereof without Good and sufficient Cause,
nor without the Consent of the Majority of the said
Council, and in case of Suspension of any of them,
you are to cause your Reasons for so doing, together
with the Charges and proofs ag8.' the said Persons and
their Answers thereunto, to be duely entered upon the
Council Books, and forthwith to transmit Copies
thereof to Us as aforesaid, and to Our Commissioners
for Trade & Plantations, Neverthless if it should hap-
pen that you should have Reasons for suspending any
Councillor not fit to be communicated to the Council,
you may in that case suspend such Person without
their Consent, but you are thereupon immediately to
send to Us, by one of Our Principal Secretaries of
State, and to Our Commissrs for Trade & Plantations,
an Account thereof, with your Reasons for such Sus-
pension, as also for not communicating the same to
the Council, & Duplicates thereof by the next Oppor-
tunity.
10 You are likewise to signify our Pleasure unto
the Members of Our said Council that if any of them
shall hereafter absent themselves from Our said Prov-
counciiiore mce> anc* continue absent above the space of
absenting. Twelve months together, without Leave
from you or from Our Governor or Commander in
chief of the said Province for the time being, first
obtained under your or his Hand and Seal or shall
remain absent for the space of two years successively
\vithout Our Leave given them, under Our Royal Sign
Manual, their Place or Places in Our said Council shall
immediately thereupon become void, and that we will
forthwith appoint others in their Stead.
173S] ADMINISTRATION OF GOVERNOR I.KWIS MORHI-. I'.l
1 1 And whereas we are sensible that effectual ( 'an
ought to be taken to oblige the Members of Our Coun-
cil to a due Attendance therein, in order to prevent
the many inconveniences that may happen for want
of a Quorum of the Council to transact Business as
Occasion may require.
It is Our Will & Pleasure, that if any of the Mem-
counciiioi-8 ^)er8 °f Our said Council residing in the
attendance Province, shall hereafter willfully absent
themselves from the Council Board, when duly sum-
mon'd, without a just & lawfull Cause, and shall per-
sist therein after admonition, you suspend the said
Councillors so absenting themselves, till Our further
Pleasure be known, giving us timely notice thereof,
And we hereby will & require you, that this Our
Pleasure be signified to the sev1 Members of Our Coun-
cil aforesaid, and that it be entred in the Council Books
of Our said Province as a standing Rule.
12. And Our Will & Pleasure is that with all con-
venient speed you call together one Gen! Assembly for
the enacting of Laws for the joint and mutual Good
Meetingof the °^ the whole Province, That the first meet-
Assembly ing of the said gen! Assembly be at Perth
Amboy in East New Jersey, in case the last was at
Burlington, and that all future Gen! Assemblies do
meet and sitt at one or the other of those Places allter-
nately or otherwise, as you, with the advice of Our
foresaid, Council, shall think fitt in case of extraordi-
nary necessity, to appoint them.
13. Our Will & Pleasure is and you are accordingly
to make the same known in the most publick manner,
Method of That the Method of choosing Representa-
Eiecuon tives for the future shall be as follows viz'
Two by the Inhabitants Householders of the City or
Town of Perth Amboy in East New Jersey and two
by the Freeholders of each of the five Counties in the
said Division of Blast new Jersey. Two by the Inhabi-
20 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. fl738
tants Householders of the City or Town of Burlington
in West New Jersey, and two by the Freeholders of
each of the five Counties in the said Division of West
New Jersey. Which persons so to be chosen make up
together the number of twenty four representatives.
And it is Our further Will and Pleasure that no Per-
son, shall be capable of being elected a Representative
by the Freeholders of either Division as aforesaid or
afterwards of sitting in gen! Assemblies who shall not
have One thousand Acres of Land of an Estate of
Freehold in his own Right within the Division for
which he shall be chosen, or have a personal Estate in
Money, Goods or Chatties to the Value of five hundred
pounds Sterling, and all Inhabitants of Our said Prov-
ince being so qualified as aforesaid are hereby declared
capable of being elected accordingly.
14. You are to observe in the passing of Laws that
the Stile of Enacting the same be by the Govern"
Passing of Council & Assembly and no other; you are
Laws. also as much as possible to observe in the
passing of all Laws that what ever may be requisite
upon each different matter be accordingly provided
for, by a different Law, without intermixing in one &
the same Act such things, as have no proper Relation
to each other and you are more especially to take Care
that no Clause or Clauses be inserted in or annexed to
any Act, which shall be foreign to what the Title of
such respective Act imports, and that no perpetual
Clause be made part of any temporary Law, and that
no Act whatsoever be suspended, alterd, continued,
revived or repealed by Gen1 Words, but that the Title
and Date of such Act so suspended alter'd, continued,
revived or repeal'd be particularly mention'd and
expressed in the enacting part.
15. You are to take care that in all Acts or Orders
to be passed within .that Our Province in any Case for
levying money or imposing fines & Penalties, express
1738] ADMINISTRATION OF GOVERNOR LEWIS MORItl-.
mention be made that the same is granted or
to Us Our Heirs or Successors for the publick Uses <>f
that Our Province and the Support of the CT< wnnn1
thereof, as by the said Act or Order shall be directed,
And you are particularly not to pass any Law, or do
any Act by Grant or Settlement or otherwise whereby
Our Revenue may be lessened or impair'd, without Our
especial Leave or Commands therein.
1(5. You are not to permit any Clause whatsoever to
pubuck b® inserted in any Law for the levying of
Money to be Money or the Value of Money whereby the
accounted for. the g&me ghall n()t be made j We ^ ^
accounted for unto Us & to Our Com miss' of Our
Treasury or Our high Treasurer for the time being,
and audited by Our Auditor Gen? of Our Plantations
or his Deputy for the time being. And We do par-
ticularly require and enjoyn you under the Pain of
Our highest Displeasure to take care that fair Books of
Accounts of all Receipts & Payments of all publick
money be duely kept, and the Truth thereof attested
upon Oath, and that all such Accounts be audited &
attested by the Auditor Gen! of Our Plantations or his
Deputy, who is to transmit Copies thereof to Our
Commissr of Our Treasury, or to Our high Treasurer
for the time being, and that you do every half Year or
oftner send another Copy thereof attested by your self
to Our Cora miss" for Trade & Plantations & Dupli-
cates thereof by the next Conveyance in which Books
shall be specified every particular Sum raised and dis-
posed of together with the names of the Persons to
whom any payment shall be made: to the End We
may be satisfied of the right and due application of the
Revenue of Our said Province with the probability of
the Increase or Diminution of it, under eveiy, Head or
article thereof.
impost on '"• It is Our express W/7/ <£ PA ">"/v that
Liquors no Law for rais? any Imposition on
M ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
or other strong Licquors, be made to continue for less
than one whole Year, and that all other Laws made
for the Supply & Support of the Governm? shall be
indefinite and without Limitation, except the same be
for a Temporary Service, and wh°h shall expire and
have their full effect within the time therein prefixt.
Royai assent ^- And whereas several Laws have for-
to be had on merly been enacted for so short a time that
the Assent or Refusal of Our Eoyal Prede-
cessors could not be had thereupon before the time for
which such Laws were enacted did expire, you shall
not for the future give your Assent to any Law that
shall be enacted for a less time than two Years (except
in the Cases mention'd in the foregoing Article). And
you shall not re-enact any Law to which the Assent of
Us or Our Royal Predecessors has once been refused
without Express Leave for that Purpose first obtained
from Us, upon a full Representation by you to be
made to Us, and to Our Commiss" for Trade & Plan-
tations, of the Reason and necessity for passing such
Law, nor give your assent to any Law for repealing
any other Act pass'd in your Government, whether
the same has or has not received Our Royal Approba -
tion, unless you take care that there be a Clause
inserted herein, suspending and deferring the Execu-
tion thereof until Our Pleasure be known concern? the
same.
19 Whereas Acts have been pass'd in
Bills of Credit . . . ,.
some of Our Plantations in America tor
striking Bills of Credit and issuing out the same in lieu
of Money in Order to discharge their publick Debts and
for other purposes, from whence sev! Inconveniencies
have arisen It is therefore Our Will & Pleasure that
you do not give your Assent to, or pass any Act in Our
said Province of New Jersey under your Government
whereby Bills of Credit may be struck or issued in lieu
of Money without a Clause be inserted in such Act
1738] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 23
declaring that the same shall not take Effect, until Un-
said Act shall have been approved & confirm'd by Us
Our Heirs & Successors. And it is Our further Will
& Pleasure that you do not give your Assent to or
pass any Act in Our said Province of New Jersey
under your Government, for payment of Money either
to you the Governor or to any Lieu* Governor or Com •
mander in chief or to any of the Members of Our
Council or to any other Person whatsoever except to
Us Our Heirs and Successors without a Clause be like-
wise inserted in such Act declaring that the same shall
not take effect until the said Act shall have been
approv'd and confirm'd by Us Our Heirs or Successors.
20. And whereas great Mischiefs may arise by pass-
Biiis of extra- m& Bills of an unusual tfc extraordinary
ordinary na- Nature & Importance in the Plantations,
wc.h Bills remain in force there from the
time of enacting until Our Pleasure be signified to the
contrary, We do hereby will and require you not to
pass or give your Consent hereafter to any Bill or Bills
in the Assembly of Our said Province of unusual and
extraordinary Nature and importance, wherein Our
Prerogative, or the Property of Our Subjects may be
prejudiced, or the Trade or Shipping of this Kingdom
any ways affected, until you shall have first transmit-
ted to Us the Draught of such a Bill or Bills and shall
have receiv'd Our Royal Pleasure thereupon unless you
take care in the passing of any Bill of such Nature as
before mention'd that there be a Clause inserted thnv
in, suspending & deferring the Execution thereof
until Our Pleasure shall be known concerning the
sunic: Ami it is Our express 11 7// & Pleasure that m>
Duty shall be laid in the Province under Your Govern-
ment upon British Shipping or upon the Product or
Manufacture of Great Britain, And that you do not
upon Pain of Our highest Displeasure give your Assent
to any Law whatsoever, wherein the Natives or Inliali-
24 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
itants of New Jersey are put on a more Advantageous
footing than those of this Kingdom.
21s* You are also to take Care that no pri-
vate Act, whereby the property of private
Persons may be affected, be passed, in which there is
not a saving of the Right of Us, Our Heirs and Suc-
cessors, all Bodies Politick or Corporate and of all other
Persons except such as are mention'd in the said Act,
and those claiming by, from -and under them, and fur-
ther you shall take [care? | that no such private Act be
passed without a Clause suspending the Execution
thereof until the same shall have rece'd Our Royal
approbation. It is likewise Our Will & Pleasure that
you do not give your Assent to any private Act until
Proof be made before you in Council, (and entred in
the Council Books) that publick Notification was made
of the Parties Intention to apply for such Act in the
sevl Parish Churches where the Premises in Question
lye, for three Sundays at least Successively, before any
such Act shall be brought into the Assembly; And
that a Certificate under your Hand be transmitted
with and annexed to every such Private Act signify-
ing that the same has pass'd thro' all the forms above
mention'd.
22. You are to transmit Authentick Copies of all
Laws, Statutes and Ordinances that are now made
and in force which have not yet been sent or which at
any time hereafter shall be made or enacted within the
copies of aii sa^ Province, each of them separately under
Laws to be the publick Seal unto Us and to Our said
transmitted. Commr, for Tmde and plantations within
three months or by the first Opportunity after their
being enacted, together with Duplicates thereof by the
next Conveyance upon Pain of Our Highest Displeas-
ure and of the Forfeiture of that Year's Salary,
wherein you shall at any time or upon any pretence
whatsoever omit to send over the said Laws, Statutes,
1738] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 25
and Ordinances as aforesaid, within the time above
limited: As also of such other Penalty as We shall
please to inflict. And you are hereby directed to take
care that the Copies and Duplicates of the said Acts be
fairly abstracted in the Margins; But if it shall happen
that no shipping shall come from the said Province
within three months after the making such Laws,
Statutes and Ordinances, whereby the same may be
transmitted as aforesaid then the said Laws, Statutes
and Ordinances are to be transmitted as aforesaid by
the next Conveyance, after the making thereof, when-
ever it may happen, for Our Approbation or Disallow-
ance of the same.
23. And Our further Will & Pleasure is, that in
Dates & ob- every Act whc* shall be transmitted, there be
servations on the sev! Dates or respective Times when the
Vets
same pass'd the Assembly, the Council, &
received your Assent; and you are to be as particular
as may be in your Observations ( to be sent to Our
Comniss" for Trade and Plantations ) upon every Act,
that is to say whether the same is introductive of a
new Law, Declaratory of a former Law or does repeal
a Law then before in being; And you are likewise to
send to Our said Comm™ the reasons for the passing of
such Law, unless the same do fully appear in the Pre-
amble of the said Act.
24. You are to require the Secretary of Our said
Province or his Deputy for the time being to furnish
secretary to ^ou w^ transcript** of all such Acts and
furnish tran- publick Orders as shall be made from time to
scripteof AC* time toggle,. with a Copy of the journais
of the Council, And that all such Transcripts and
Copies be fairly abstracted in the Margins, to the End
the same may be transmitted to us, and to Our
Commissr' for Trade and Plantations as above directed
which he is duely to perform upon Pain of incurring
the forfeiture of his Place.
26 ADMINISTRATION OF OOVERNOR LEAVIS MORRIS. [1738
25. You are also to require from the Clerk of the
cierk of AS- Assembly or other proper Officer transcripts
nish dopiest of all the Journals and other proceedings of
aii journals, the said Assembly, and that all such tran-
scripts be fairly abstracted in the margins, to the end
the same may in like manner be transmitted as
aforesaid.
26. Whereas several Inconveniencies have arisen to
Our Governments in the. Plantations by Gifts and
entftoljo^rt Presents made to Our Governors by the
forbid General Assemblies. You are therefor to
propose unto the Assembly at their first meeting, after
your Arrival, and to use your utmost Endeavours
with them that an Act be pass'd for raising and settling
a publick Revenue for defraying the necessary Charge
of the Government of Our said Province, And that
therein Provision be particularly made for a competant
Salary, to yourself as Cap* General and Governor in
chief of Our said Province, and to other Our succeed-
ing Captains Gen? for supporting the Dignity of the
said Office, as likewise due Provision for the contin-
gent Charges of Our Council and Assembly, and for
the Salaries of the respective Clerks and other Officers
thereunto belonging, as likewise of all other Officers
necessary for the Administration of that Government;
and particularly that such Salaries be enacted to be
paid in Sterling or Proclamation money or in Paper
Bills of Credit current in that Province, in proportion
to the Value such Bills shall pass at, in Exchange for
Silver, that thereby the respective Officers may depend
on some certain Income, and not be lyable to have
their Stipends varied by the uncertain Value of Paper
money, and that in such Act all Officers Salaries be
fixed to some reasonable Yearly Sum, except the
Members of the Council and Assembly and the Offi-
cers attending them, or others whose attendance on
the publick is uncertain, who may have a reasonable
1?:5S] AMMINIvrUATIOX OF (iOVKHNOR LKW1S MOKKI8. '.' 1
pay established per Diem during their attendance
only; and when such Revenue shall have so been set-
tled Provision made as aforesaid, then Our express
Will & Pleasure is that neither you Our Governor nor
any Governor, Lieutenant Governor, Commander in
chief or President of Our Council of Our said Province
of New Jersey for the time being do give your or their
consent to the passing of any Law or Act for any Gift
or Present to be made to you or them by the Assem-
bly, and that neither you nor them do receive any Gift
or present from the Assembly or others, on any
Account or in any Manner whatsoever upon Pain of
Our highest Displeasure and of being recalled from
that Our Government.
27. And We do further direct and require that this
Declaration of Our Royal Will & Pleasure in the two
foregoing Articles be communicated to the Assembly
at their fii-st Meeting after your Arrival in Our said
Province, and enter'd in the Register of Our Council
and Assembly, that all Persons whom it may concern
may govern themselves accordingly.
i"". Whereas for some years past the Governors of
of some of Our Plantations have seiz'd and appro] ri-
whaie Fish ated to their own use the produce of Whales
of sev! kinds taken upon those Coasts, upon
pretence that Whales are Royal Fishes, which tends
givatly to discourage this Branch of Fishery in Our
Plantations, and prevent Persons from settling there.
It is therefore Our Will & Pleasure that you do not
pretend to any such Claim nor give any manner of
<li-M ouragement to the Fishery of Our Subjects upon
the Coast of the Province under your Government.
but on the contrary that you give all possible ennui i--
a^cinrnt thereto.
21). Whereas great Prejudice may happen to Our
Srrvice and the Security of Our said Province under
Ab- your Government by your absence from
these parts, you are not upon any pretence
28 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
whatsoever to come to Europe from your Government
without having first obtained Leave for so doing, un-
der Our Signet and Sign Manuel or by our Order in
Our Privy Council.
30. And whereas We have been pleased by Our
Commission to direct in case of your Death or Absence
Devolution of from Our said Province, and in case there
Government be ^ that time UQ pergon up()n the place
commissionated or Appointed by Us to be Our Lieut-
Governor or Commander in cheif , the eldest Councillor
whose Name is first placed in these Instructions to
you, and who shall be at time of your Death or Ab-
sence residing within Our said Province shall take
upon him the Administration of the Government and
execute Our said Commission and Instructions and the
sev! Powers and Authorities therein contained in the
Manner therein directed; It is nevertheless Our ex-
press Will & Pleasure that in such Case the said
Eldest Councillor or President shall forbear to pass
Act or Acts but such as shall be immediately necessary
for the Peace and Welfare of Our said Province with-
out Our particular Order for that purpose, and that he
shall not take upon him to disolve the Assembly then
in being, nor to remove -or suspend any of the Mem-
bers of Our said Council, nor any Judges, Justices of
the Peace or other Officers Civil or Military without
the Advice and Consent of at least seven of the Coun-
cil, and Our said President is to transmit over to Us
and to Our Comm" for Trade and Plantations by the
first Opportunity, the Reasons of such Alterations
sign'd by him and Our Council. Provided that if
thro' Length of Time any Surveyor Gen! of Our Cus
toms shall become the Senior Councillor in Our said
Province, that he shall not by Virtue of such Seniority
be ever capable to take upon him the Administration
of the Govemm* there upon the Death or Absence of
any of Our Captains General or Governors in chief or
i::»s] \ DM I N'ISTHATION OP GOVERNOR LEWIS \IOUllf8. 29
Lieut" Governors. But whenever such Death or Ab-
sence shall happen, the Government shall devolve
upon the Councillor next in Seniority to the Surveyor
Gten1 unless We shall hereafter think it for Our Royal
Service to nominate John Peagrum or any other of
Our s;iid Surveyors Gen1 Councillors in Ordinary in
Our s!1 Province, who shall not in that case he excluded
any Benefit which attends the Seniority of their Rank
in the said Council.
31. And whereas We are willing in the best Manner,
to provide for the Support of the Government of Our
said Province, by setting a part sufficient Allowances
to such as shall be Our Governor, Lieut1 Governor,
Commander in Chief, or President of Our Council
residing for the time being, within the same. Our
Allowance Will & Pleasure therefore is, that when it
to Lieu-. GOV. shall happen that you shall be absent from
the Territory of New Jersey of which we have appointed
you Governor, one full moiety of the Salary and of all
Perquisites and Emoluments whatsoever, which would
otherwise become due unto you, shall during the Time
of your Absence from the said Territory be paid and
satisfied unto such Governor. Lieut' Governor Com-
mander in chief or President of Our Council, who shall
be resident upon the Place for the time being, which we
do hereby Order & Allot unto him, towards his Mainte-
nance and for the better Support of the Dignity of that
Our Government.
32. You are not to suffer any Publick Money what-
soever to be issued or disposed of, otherwise
Money how to than by Warrant under your Hand by and
be issued w^h t^e Advice and Consent of Our said
Council ; But the Assembly may be nevertheless per-
mitted from time to time to view and examine the
Accounts of Money or Value of Money disposed of by
Virtue of Laws made by them, which you are to signify
unto them as there shall be Occasion.
30 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
33. Whereas it is necessary that Our Rights and
court of Dues be preserv'd and recoverd and that
Exchequer. Speedy and effectual Justice be administra-
ted in all Cases relating to Our Revenue. Yon are to
take care that a Court of Exchequer be calld and meet
at all such times as shall be needfull, and you are upon
your Arrival, to inform Us and Our Comniissrs for
Trade and Plantations, whether Our Service may re-
quire, that a constant Court of Exchequer be settled
and established there.
34. You shall not remit any Fines or Forfeitures
Fines and whatsoever above the Sum of ten pounds,
Forfeitures. nor dispose of any forfeitures whatsoever
until, upon signifying unto Our Commiss™ for Trade &
Plantations, the nature of the Offence, and the Occa-
sion of such Fines and Forfeitures, with the particular
Sums or Value thereof (which you are to do with all
Speed) you shall have received Our Directions therein,
but you may in the meantime suspend the payment of
the said Fines and Forfeitures.
35. It is Our Will and Pleasure that you do not
Forfeitures dispose of Forfeitures or Escheats to any
& Escheats. Person until the Sheriff or other proper Offi-
cer have made Enquiry by a Jury upon their Oaths
into the true Value thereof, and you are to take care
that the Produce be duely paid to Our Receiver Gen? of
Our said Province and a full Account transmitted to
Our Commiss1? of Our Treasury or Our high Treasurer
for the time being, and to Our Commr-8 for Trade and
Plantations with the Names of the Persons to whom
disposed, and Provided that in the Grants of all for-
feited and escheated Lands there be a Clause obliging
the Grantee to plant and cultivate three Acres for every
fifty within three Years after the pass? such Grant,
in case the same was not so planted & cultivated
before, and that there be the proper Savings and
Reservations of Quit Rent to Us Our Heirs & Succes-
sors according to the Law of Our Province.
I?:!S| \DMI\ISTKATION OK (JOVKUNOK LEWIS MOHIM-. 31
:'.<;. You shall not displace any of the Judges, Jus-
of tices, Sheriffs, or other Officers or ministers
\\ithin Our Said Province without good and
sufficient Cause to be signified unto Us and to Our said
Coimu'M'or Trade and Plantations, and to prevent
Arbitrary Removals of Judges and Justices of the
Peace you shall not express any Limitation of Time in
the Commissions -which you are to grant with the
Advice and consent of the Council of Our said Prov-
ince to Pei-sons fit for those Employments nor shall
you execute by yourself or Deputy any of the said
Offices, nor suffer any Person to execute more Offices
than one by Deputy.
37. You shall not erect any Court or Office of Judi-
courtof judi- cature not before erected, or established, nor
eature. disolve any Court or Office already erected
or established, without Our especial Order.
88. But in regard We have been informed that there
court of de- *s a great want of a particular Court of de-
termining terrain? of small Causes you are to recom'end
1 it to the Assembly of Our si Province, that
a Law be pass'd, if not already done, for the constitut-
ing such Court or Courts for the ease of our Subjects
then-.
:'.'.». You are transmit unto Us and to Our Cornm"
tor Trade and Plantations, with all convenient Speed,
a particular Account of all Establishments of Jurisdic-
tions, Courts, Offices, & Officers, Powers, Authorities,
Fees and Priviledges which shall be granted
AE8°tabiteh- or settled within Our said Province, as like-
to be wjse an Account of all publick Charges
transmitted . , _, , - ,
relating to the said Courts, and or such
Funds as are settled and appropriated to discharge the
same, together with exact and Authentick Copies of
all Proceedings in such Causes where Appeals shall be
made to Us in Our Privy Council.
32 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
40. And you are with the Advice & Consent of Our
salaries & sa^ Council to take especial Care to regu-
Fees late all Salaries and Fees belonging to Places
or paid upon Emergencies, that may be within the
Bounds of Moderation, and that no Exaction be made
on. any occasion whatsoever. As also that Tables of
all Fees be publickly hung up in all Places where such
Fees are to be paid, and you are to transmit Copies of
all such Tables of Fees to Us and to Our Commr." for
Trade & Plantations as af ores?
Delay in jus- 41- And whereas frequent Complaints
tice have been made to Us of great Delays and
undue proceedings in the Courts of Justice in several
of Our Plantations, whereby many of Our Subjects
have very much suffer'd, and it "being of the greatest
Importance to Our Service and to the Welfare of Our
Plantations that Justice be every where speedily and
duely administr? and that all Disorders, Delays &
undue Practices in the administration thereof be
effectually prevented; We do particularly require you
to take especial Care that, in all Courts where you are
authorized to preside, Justice be impartially adminis-
tred, and that in all other Courts established within
Our said Province, all Judges, and other Persons
therein concern'd, do likewise perform their several
Duties without any Delay or Partiality.
Life & Proper- ^ You are to take care that no Man's
ty secured Hfe, Member, Freehold or Goods be taken
away, or harmed in Our said Province otherwise than
by establish'd & known Laws, not repugnant to, but
as much as may be agreeable to the Laws of this
Kingdom.
43. It is Our further Will and Pleasure
that no persons for the future be sent as
prisoners to this Kingdom from new Jersey without
sufficient Proof of their Crimes, & that Proof trans-
mitted along with the said Prisoners.
1738] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. ' 33
44. You shall endeavour to get a Law pass'd (if not
inhumane Be- already doue) for the restraining of any
inhuman Severity, which by ill Masters, or
Overseers may be used towards their Christian Ser-
vants, and their Slaves, and that provision be made
therein, that the willfull killing of Indians, & Negroes
may be punish'd with Death, and that a fit Penalty be
imposed for the maiming of them.
45. You are to take care that all Writs be
issued in Our Name throughout Our said
Province.
40. Our Will & Pleasure, is that Appeals be per-
mitted to be made in Cases of Error, from the Courts.
in Our said Province of Nova Casarea or New Jersey,
unto you & the Council there, and in your absence
from Our said Province, to Our Commander in chief
for the time being, and Our said Council in civil
Causes, xvlu'ivin such of Our said CJOUIUSD, 88 shall 1. •
at that time Judges of the Court, from
whence such Appeal shall be made to you
Our Governor »fe Council, or to the Commander in chief
for the time being and Council as aforesaid, shall not
be admitted to vote upon the said Appeal; but they
may nevertheless be present at the hearing thereof, to
give the Reasons for the Judgement given by them in
the Cause wherein such Appeal shall be made. Pro-
vided. nevertheless that in all such Appeals the Sum or
Value appeaPd for, exceed One hundred pounds Ster-
ling, and that Security be first duely given by the
Appellant to answer such Charges as shall be awarded,
in case the first Sentence be affirmed: at the hearing
of all which Appeals, any three or more of the Judiiv-
of the Supreme Court are to be present to inform &
assist the Court.
47. And if either Party shall not rest satisfied with
Appeals to the tne Judgement of you or the Commander
crown in chief for the time being, and the Council
34 ' ADMINISTRATION OF GOVEBNOE LEWIS MORRIS. [1738
as aforesaid; Our Will & Pleasure is that they then
appeal unto Us, in Our Privy Council, Provided the
Sum or Value so appealed for unto Us, do exceed Two
hundred pounds Sterlf and that such Appeal be made
within fourteen Days after Sentence, and that good
Security be given by the Appellent that he will effectu-
ally prosecute the same, and answer the Condemna-
tion, as also pay such Costs & Damages as shall be
awarded by Us, in case the Sentence of you or the
Commander in chief for the time being and Council be
affirmed; And it is Our further Will & Pleasure that
in all cases where by your Instructions you are to
admit of Appeals to Us in Our Privy Council, Execu-
tion be suspended until the final Determination of such
Appeal, unless good and sufficient Security be given
by the Appellee to make ample Restitution of all that
the Appellant shall have lost by means of such Judge-
ment or Decree, in case, upon the Determination of
such Appeal, such Judgement or Decree should be
reversed, and Restitution awarded to the Apellant.
48. You are also to permit Appeals to Us in Council,
Appeals in *u a^ Cases of Fines imposed for Mis-de-
cases of Fines meanors; Provided the Fines so imposed
amount to or exceed the Value of £200 Sterl? the
Appellant first giving good Security that he will
effectually prosecute the same, and answer the Con-
demnation, if the Sentence by which such Fine was
imposed in Our said Province of Nova Casarea or New
Jersey shall be confirmed.
49. Whereas there are several Offices in Our Planta-
pateot offl- tions granted under Our Great Seal of this
cere Kingdom, and that Our Service may be very
much prejudiced by reason of the absence of the
Patentees, and by their appointing Deputies not fit to
officiate in that stead; You are therefore ' upon your
arrival to inspect such of the said Offices as are in your
Government, and to enquire into the Capacity &
1738] ADMINISTRATION OF GOVERNOR LEWIS MOKHIx 35
Behaviour of the Persons now exercising them; and
to report thereupon to Us, and to Our Comniiss? for
Trade & Plantations, what you think fit to be done or
alter'd in relation thereunto; And you are upon the
Misbehaviour of any of the said Patentees or their
Deputies to suspend them from the Execution of their
Places, till you shall have represented the whole Mat-
ter, and received Our Directions therein And in case
of the Suspension of any such Officer, it is Our express
Will & Pleasure that you take care the Person
appointed to execute the Place during such Suspen-
sion, do give Sufficient Security to the Person sus-
pended to be answerable to him for the Profits accru-
ing, during such Suspension, in case we shall think fit
to restore him to his Place again, it is nevertheless
Our Will & Pleasure that the Person executing the
Place, during such Suspension, shall for his Encour-
agement receive the same Profits as the Person sus-
pended, if a Deputy, did, or a Moiety of the Profits, in
case of Suspension of the Patentee, But you shall noi
by colour of any Power, or authority, hereby or other-
wise granted or mentioned to be granted unto you,
take upon you to give, grant or dispose of any Office
or Place within Our said Province, which now is or
shall be granted under the Great Seal of Great Britain,
any otherways than that, you may, upon the Vacancy
of any such Office or Place or Suspension of any such
Officer by you as aforesaid, put in any fit person to
Officiate in the Interval, till you shall have represented
the Matter, unto Us, and to Our ComnY" for Trade &
Plantat'" as aforesaid (which you are to do by the HIM
Opportunity) & till the said Office or Place be disposed
of by Us Our Heirs or Successors, under the Great Seal
of Great Britain, or that Our further Diiv.-tions hi-
gh-en therein. And it is Our express Will & Pleasure
that you do countenance and give nil due Encoum Ce-
ment to all Our Patent Officers in the Enjoyment of
36 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
their Legal & accustom'd Fees, Rights, Priviledges
and Emoluments, according to the true Intent &
meaning of their Patents.
50 And whereas several Complaints have been made
surveyor ^J *he Surveyor Gen? and other Officers of
oeni Our Customs in Our Plantations in America,
that they have been frequently obliged to serve on
Juries, and personally to appear in Arms, whenever
the Militia is drawn out, and thereby are much hin-
dred in the Execution of their Employments, Our Will
& Pleasure is, that you take effectual Care and give
the necessary Directions that the several Officers of
Our Customs, be excused and exempted from serving
on any Juries or personally appearing in Arms, in the
Militia, unless in cases of absolute necessity, or serving
any Parochial Offices, which may hinder them in the
Execution of their Duties.
51. And whereas the Surveyor's Genl of Our Cus-
surveyor toms in the Plantations, are empower'd in
Gen" Power, case of the Vacancy of any of Our Officers
of the Customs, by Death, Removal or otherwise, to
appoint other Persons to Execute such Offices until
they receive further Directions from Our Commr.8 of
Our Treasury, or Our high Treasurer, or Commr.8 of
Our Customs for the time being, but in regard the
Districts of the said Surveyors Gen.1 are very extensive,
and that they are requir'd at proper times to visit the
Officers in the several Governments under their Inspec-
tion and that it might happen that some of the Officers
of Our Customs in the Province of Nova Casarea or
New Jersey, may die at the time when the Surveyor
Gen1, is absent in some distant part of his District, so
that he cannot receive advice of such Officer's Death,
within a reasonable time, and thereby make Provision
for4 carrying on the Service by appointing some other
person in the room of such Officer, who may happen to
die, therefore that there may be no Delay given on such
1738] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 37
Occasion to the Masters of Ships, or Merchants in their
Dispatches, It is Our further Will & Pleasure in case
of such Absence of the Surveyor Gen- or if he should,
happen to die and in such cases only, that upon the
Death of any Collector of Our Customs, within that
Our Province, you shall make choice of a Person of
known Loyalty, Experience, Diligence and Fidelity,
to be employed in such Collector's Room, for the Pur-
poses aforesaid, until the Survey!" Gen! of Our Customs
shall be advised thereof, and appoint another to suc-
ceed in their Places or that further Directions shall be
given therein by Our Corn" of Our Treasury or Our
High Treasurer or by the Comm™ of Our Customs for
the time being, which shall be first signified, taking
care that you do not under Pretence of this Instruc-
tion, interfere with the Powers & Authorities given by
the Commr.8 of Our Customs to the said Surveyor's
Gen! when they are able to put the same in Execution.
Administra- 52. You shall administer or cause to be
tion of oaths, administered the Oaths, mention'd cin the
foresaid Act Entituled an Act for the further Security
of his Majesty's Person & Government & the Succes-
sion of the Crown in the Heirs of the late Princess
Sophia being Protestants, and for extinguishing the
Hopes of the pretended Prince of Wales, and his open
& secret Abettors: to the Members and Officers of the
Council and Assembly, and to all Judges, Justices &
all other Persons that hold any Office or Place of Trust
or Profit in the said Province, whether by Virtue of
any Patent under Our great Seal of this Kingdom or
otherwise, and you shall also cause them to make and
subscribe the aforesaid Declaration, without the doing
of all which, you are not to admit any Person whatso-
ever into any publick Office, nor suffer those who have
been admitted formerly to continue therein.
53. And whereas it may happen that the Number of
Inhabitants fitly qualified to serve in Our Council, in
38 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
the gen! Assembly and in other places of Trust or
Profit there, may be but small. It is Our Will &
Quakers. Pleasure that such of the said People called
Quakers, as shall be found capable of any of those
Places or Employments, and shall be accordingly
elected or appointed to serve therein may upon their
taking & signing the Declarat" of Alligiance to Us; in
the form used by the same .People in this Kingdom to-
gether with a Solemn Declaration for the true Discharge
of their respective Trusts, be admitted by you into any
of the said Places or Employm1.8
54. And you are also with the Assistance of the
conversion Council & Assembly to find out the best
of Negroes, means to facilitate & encourage the Conver-
sion of Negroes, & Indians to the Christian Religion.
55. You are to permit a Liberty of Conscience to all
Liberty of Persons (except Papists) so they be con-
conscience. tented with a quiet & Peaceable Enjoyment
of the same, not giving Offence or Scandal to the Gov-
ernment.
56. You shall take especial care that God Almighty
be devoutly and duely served throughout your Gov-
observation enim! the Book of Common Prayer, as by
of Religion. Law established read each Sunday & Holy-
day, and the Blessed Sacrament administred, Accord-
ing to the Rites of the Church of England. You shall-
be carefull that the Churches already built there, be
well & orderly Kept, and that more be built, as the
Province shall by God's blessing be improved, and that
besides a competent Maintenance to be assigned to
the Minister of each Orthodox Church, a convenient
House be built at the common Charge for each Minis-
ter and a competent Proportion of Land assigned to
him for a Glebe & Exercise of his Industry, and you
are to take care that the Parishes be bounded & set-
tled as you shall find most convenient for the Accom-
plishment this Good Work.
1738] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 39
57. You are not to prefer any Minister to any Eccle-
yuaiiflcation siastical Benefice in that Our Province, with-
Of Minister, out a Certificate from the Right Rev? Father
in God the Lord Bishop of London, of his being con-
formable to the Doctrine & Discipline of the Church
of England, and of a good Life and Conversation, and
if a Person already prefer'd to a Benefice shall appear
to you to give Scandal either by his Doctrine or Man-
ners, you are to use the best means for the Removal
of him.
58. You are to give Order that every Orthodox Min-
vestry. ister within your Government be one of the
Vestry in his respective Parish, and that no Vestry be
held without him, except in case of Sickness or that
after notice of a Vestr)r summon'd he omit to come.
59. You are to inquire whether there be any Minis-
Ministers in ter within your Government who preaches
due orders. & administers the Sacrament in any Ortho-
dox Church or Chappel, whithout being in due Orders
and to give Account thereof to the L? Bish? of London.
60. And to the end, the Ecclesiastical Jurisdiction
Ecclesiastical °^ the said Lord Bishop of London, may take
jurisdiction, place in Our said Province, so far as con-
veniently may be, We do think fit that you give all
countenance & Encouragem' to the Exercise of the
same, except only the collating to Benefices, granting
Lycenses for Marriages & Probate of Wills, which We
have reserved to you Our Governor and the Com-
mander in chief of the said Province for the time
being.
61. And you are to take especial care, that a Table
wuto of of Marriages, established by the Canons of
Marriages, the Church of England be hung up in every
.Orthodox Church, and duely observed. And you are
to endeavour to get a Law passed in the Assembly of
Our said Province (if not already done) for the strict
observation of the said Table.
40 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
62. The Right Rev? Father in God Edmund Lord
Bishop of Lon- Bishop of London, having presented a Pe-
dons Petition, tition to his late Majesty humbly beseeching
him to send Instructions to the Governor of all the
sev.1 Plantations in America, that they cause all Laws
already made against Blasphemy, Prophaness, Adultry,
Fornication, Polygamy, Incest, Prophanation of the
Lord's Day, -Swearing and Drunkenness in their re-
spective Governments to be' vigorously executed; And
we thinking it highly just, that all Persons who shall
offend in any of the particulars aforesaid should be
prosecuted and punished for their said Offences. It is
therefore Our Witt and Pleasure that you take due
Care for the Punishment of the forementioned Vices,
and that you earnestly recommend it to y? Assembly
of New Jersey, to provide effectual Laws for the Re-
straint & punishment of all such of the aforemention'd
Vices against which no Laws are yet provided, and
also you are to use your Endeavours to render the
Laws in being more effectual, by providing for the
Punishment of the aforemention'd Vices by present-
ment upon Oath, to be made to the Temporal Courts
by the Church Wardens of the sev1. Parishes at proper
times of the year to be appointed for that purpose.
And for the further Discouragement of Vice & En-
couragem? of Vfrtue, and good Living (that by such
Example the Infidels may be invited and desire to em-
brace the Christian Religion) you are not to admit any
Person to publick Trusts and Employments in the said
Province under your Government, whose ill Fame &
Conversation may occasion scandal. And it is Our
farther Will and Pleasure that you recommend to the
Assembly to enter upon proper Metods for the erecting
and maintaining of Schools, in order to the training
up of Youth to reading, and to a necessary Knowledge
of the Principles of Religion.
ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 41
63. You shall send unto Us, and to Our Comm" for
Number of Trade and Plantat"' by the first conveyance,
inhabitants. an Account of the present Number of Plant-
ers & Inhabitants, Men Women and Children, as well
Masters as Servants, Free & Unfree, and of the Slaves
in Our said Province, as also a yearly Account of the
Increase or Decrease of them and how many of them
are fit to bear Arms in the Militia of Our said Pro-
vince.
64. You shall also cause an exact Account to be
Bins of Mor- kept of all Persons been christen'd & buried,
& you shall yearly send fair Abstracts
thereof to Us, and to Our Commr.8 for Trade & Plan-
tations as afores?'
65. You shall take care that all Planters & Christian
Militia Servants be well & fitly provided with arms
& that they be listed under good Officers, & when and
as often as shall be thought fit, muster'd & trained,
whereby they may be in a better readiness for the
Defence of Our said Province, under your Govern-
ment.
66. You are to take especial care that neither the
Marches. MUS- frequency nor unreasonableness of their
tere&c- Marches, Musters and Trainings be an un-
necessary Impediment to the Affairs of the Inhab-
itants.
67. You shall not upon any Occasion whatsoever
Law Martial establish or put in Execution any Articles
of Wai- or other Law Martial upon any of Our Sub-
jects, Inhabitants of Our said Province, without the
Advice & Consent of Our Council there.
•'»*. And whereas there is no Power given you by
your Comm" to execute Martial Law in time of Peace
upon Soldiers in pay, & that nevertheless it may be
necessary that some Care be taken for the keeping of
good Discipline amongst those that we may at any
time think fit to send into Our said Province, (which
42 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
may properly be provided for by the Legislative Power
of the same) you are therefore to recom'end to the
Gen! Assembly of Our said Province, that they pre-
pare such Act or Law for the punishing of Mutiny,
Desertion, and false Musters & for the better preserv-
ing of good Dicipline amongst the said Soldiers as may
best answer those Ends.
69. You are to encourage the Indians upon all
Indians Occasions, so as to Induce them to Trade
with Our Subjects, rather with any others of Eu-
rope.
70. And for the greater Security of Our Province of
New Jersey, you are to appoint fit Officers and
Commanders in the several parts of the Country
officers to be bordering upon the Indians, who upon any
the^fence^f Invasion may raise Men & Arms to oppose
the Province them, until they shall receive your Direc-
tions therein.
71. And whereas you will receive from Our Commr.8
for executing the Office of High Admiral of Great
vice Admir- Britain & of Our Plantations a Comm° of
Vice Admiralty of Our said Province of
New Jersey, you are hereby required & directed care-
fully to put in Execution the sev! Powers thereby
granted you.
72. Whereas great Inconveniencies have happen'd
by Merchants Ships & other Vessels in the Plantations,
wearing the Colours born by Our Ships of War under
Pretence of Commissions granted them by the Gov-
ernors of the said Plantations and that by trading
under those Colours not only amongst Our own Sub-
jects, but also those of other Princes & States, and
com'itting diver'se Irregularities, they do very much
dishonour Our Service, for Prevention whereof, you
colours, are to oblige the Commanders of all such
Ships to which you shall grant Commissions, to wear
1738] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 43
no other Jack than according to the Sample here
described that is to say, such as is worn
by Our Ships of War, with the Distinc-
tion of a white Escutcheon in the mid-
die thereof, and that the said Mark of
Distinction may extend itself to one half
of the depth of the Jack, & one third part
of y Fly thereof.
73. And whereas there have been great Irregulari-
ties in the manner of granting Commissions in the
Manner or Plantations to Private Ships of War, you
missions are to govern yourself whenever there shall
be occasion, according to the Commissions and In-
structions granted in this Kingdom, Copies whereof
will be herewith deliver'd you.
74. But you are not to grant Commissions of
commission Marque or Reprizals against any Prince or
° Repeal °r State, or their subjects in Amity with Us,
to any Person whatsoever without Our especial Com-
mand.
75. Whereas it is absolutely necessary that We be
state of De- exactly infomi'd of the State of Defence of
all Our Plantations in America, as well in
the relation to the Stores of War that are in each
Plantation as to the Forts and Fortifications there,
and what more may be necessary to be built for the
Defence and Security of the same; You are so soon as
possible to prepare an Account thereof, with relation
to Our said Province of Nova Casarea or New Jersey,
in the most particular Manner, and you are therein to
express the present State of the Arms, Ammunition
& other Stores of War belonging to the Province,
either in any publick Magazines or in Hands of pri-
vate Persons, together with the State of all Pla< . -.
either already fortified or that you judge necessary to
be fortified for the Security of Our said Province, and
you are to transmit the said Accounts to Us and to
44 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
Our Commissioners for Trade & Plantations, as also a
Duplicate thereof to Our Master Gen1, or Principal
Officers of Our Ordnance; Which Accounts are to
express the particulars of Ordnance, Carriages, Ball,
Powder, and all other Sorts of Arms & Ammunition
in Our publick Stores at your said Arrival, and so from
time to time, of what shall be sent to you or bought
with Publick money, and to specify the time of the
Disposal & the Occasion ' thereof, and other like
Accounts half yearly in the same Manner.
76 You are to take especial care that fit Store houses
store houses, be settled throughout Our said Province for
receiving and keeping of Arms Ammunition & other
publick Stores.
77. And in case of any Distress of any of Our Plan-
tations, you shall upon application of the respective
Assistance to Governors to you, assist them with what
Neighbours, ^j<j ^he Condition and safety of your Govern-
ment will permit, and more particularly in case Our
Province of New York, be at any time attack'd by an
Enemy, the Assistance you are to contribute towards
the Defence thereof, whether in Men or Money, is to
be according to the Quota or Eepartition which has
already been signified to the Inhabitants of Our fores'?
Province under your Government or according to such
other Regulation, as we shall hereafter make in that
Behalf, and shall signify to you, or the Commander in
Chief of Our said Province for the time being.
78. And whereas the Preservation of the Northern
Frontiers of Our Province of New York against the
contribu- Attemps of any Enemy by Land is of great
Si o°frN^w Importance to the Security of Our other
York. Northern Plantations on the Continent of
America, and more especially of Our said Province of
New Jersey, which lies so near adjoining to Our Prov-
ince of New York, and the Charge of erecting and
repairing the Fortifications, & of the maintaining the
1738] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 45
Soldiers necessary for the Defence of the same, is too
great to he born by the single Province of New York,
without due Contributions from others concern'd
therein, for which Reason we have upon several Occa-
sions required such Contributions to be made, and
accordingly settled a Quota, to regulate the Propor-
tions thereof; You are therefore to take further Care
to dispose the Gen1 Assembly of Our said Province of
New Jersey, to the raising of such other Supplies, as are
or may be necessary for the Defence of Our Province of
New York, according to the Signification of Our Will
and Pleasure therein already made to the Inhabitants
of New Jersey, or which shall at any Time hereafter
be made to you Our Governor or to the Commander in
chief of Our said Province for the time being.
79. You shall transmit unto Us and to Our Com-
A Map. miss" for Trade & Plantations, by the first
Opportunity a Map, with the exact Description of Our
whole Territory under your Government, and of the
several Plantations that are upon it.
80. You are from time to time to give an Account,
strength of as before directed what Strength your bor-
Netehboure. dering Neighbours have, be they Indians or
others, by Sea and Land, and of the Condition of their
Plantations, and what Correspondence you do keep
with them.
81. You are likewise to examine what Kates and
Rates* DU- Duties are charged and payable upon any
tte8 Goods, imported or exported within Our
Province of Nova Casarea or New Jersey, whether of
the Growth or Manufacture of Our said Province or
otherwise, and you are to suppress the engross1? of
Commodities as tending to the Prejudice of that Free-
dom, which Trade & Commerce ought to have, and to
use your best Endeavours for the Improvement of
Trade in those Parks, by setting such Orders and
Regulations, therein, with the advice of the Council a>
46 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
may be most acceptable to the Genrality of the Inhab-
itants.
82. You are fco give all due Encouragement and Invi-
Trade. tation to Merchants & others, who shall
bring Trade unto Our said Province, or any way con-
tribute to the Advantage thereof, and in particular to
theRoyal African Compy and other Our Subjects trad-
ing to Africa. And whereas we are willing to recom-
mend unto the said Company, and other Our Subjects
that the said Province* may have constant and sufficient
Supply of Merchantable Negroes at moderate Rates, in
money or Commodities, so you are to take especial
Care that Payment be duely made, and within a com-
petent Time according to their Agreements.
83. And we do further expressly command and r.e-
Number of <luire 7°u to give unto Us & to Our Comm"
Negroes im- for Trade and Plantations an Account every
half year of what Number of Negroes Our
said Province is yearly supplied with, that is what
number by the African Company, and what by sepa-
rate Traders and at what Rates sold.
84. Whereas we have been informed that during the
intelligence Time of War Our Enemies have frequently
given to Ene- got Intelligence of the State of Our Planta-
tions by Letters from private Persons to
their Correspondents in Great Britain, taken on Board
Ships coming from the Plantations, which may be of
dangerous Consequence if not prevented for the future,
Our Witt & Pleasure is, that you signify to all Mer-
chants, Planters, and others, that they be very cautious
in time of War, in giving any Account by Letters, of
the Publick State and Condition of Our said Province
of New Jersey, and you are further to give Directions
to all Masters of ships, or other Persons to whom you
may entrust your Letters, that they put such Letters
in a Bag, with a sufficient Weight to sink the same,
im'ediately in case of imminent Danger from the
1738] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 47
Enemy. And you are also to let the Merchants and
Planters Know how greatly it is for their Interest, that
their Letters should not fall into the hands of the
Enemy And therefore that they should give the like
Orders to the Masters of Ships in relation to their Let-
ters, and you are further to advise all Masters of Ships,
that they do sink all Letters in Case of Danger in the
manner before mention'd.
85. And whereas in the late War the Merchants &
correspond- planters d'id Correspond and Trade with Our
ence with *
Enemies. Enemies and carry Intelligence to them, to
the great Prejudice & Hazard of the English Planta-
tions, you are therefore by all possible Methods to
endeavour to hinder all such Trade and Correspondence
in time of War.
86. Whereas by the fifth and sixth Articles of the
Treaty of Peace & Neutrality in America, concluded
between England & France the A Day of November
1686, the Subjects, Inhabitants &c of each Kingdom
are Prohibited to Trade & Fish in all places possess'd
or which shall be possess'd by the other in America,
and that if any Ships shall be found trading contrary
to the said Treaty, upon due Proof, the said Ships shall
be confiscated, But in case the Subjects of either King
shall be forced by Stress of Weather, Enemies or other
Necessity into the Ports of the other, in America, they
shall be treated with Humanity and Kindness, and
may provide themselves with Victuals, and other
things necessary for their Sustenace & Reparation of
their Ships, at reasonable Rates; provided they do not
break Bulk, nor carry any Goods out of their Ships,
exposing them to sale, nor receive any Merchandize on
Board under Penallty of Confiscation of Ships & Goods,
Notwithstanding which Treaty, We are given to
understand that an illegal Trade has been carried on
between Our Plantations and the French Settlements
in America, on pretence that there is no Law in force
48 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
against such Trade, It is therefore Our Will & Pleas-
ure that you signify to Our Subjects under your Gov-
ernment, the Purport and Intent of the aforesaid two
Articles, and that you take particular Care that the
same be punctually observ'd and put in Execution, and
that no Illegal Trade be carried on between Our Sub-
jects in Our Province of New Jersey under your
Government & the French Settlements in America, by
any of Our Ships of War, attending that Province, or
by any other British Ships, as likewise that none of
the French Subjects be allow'd to trade from their
Settlements to New Jersey.
87. Whereas we have thought it Necessary for Our
Receiver Gen' Service to constitute and appoint a Receiver
of Admiralty Gen1, of the Rights & Perquisites of the
mghts> Admiralty; It is therefore Our Will &
Pleasure, that you be aiding & Assisting to the
Receiver Gen! his Deputy or Deputies in the Execution
of the said Office of Receiver Gen1 and We do hereby
require & enjoin you to make up your Accounts with
him, his Deputy or Deputies of all Rights of Admi-
ralty (Effects of Pirates included) as your Officers have
or shall or may receive, and to pay over to the said
Receiver Gen1, his Deputy or Deputies for Our Use all
Such Sum or Sums of Money as shall appear on the
Foot of such Ace*8 to be & remain in your Hands or in
the Hands of any of your Officers. And whereas Our
said Receiver Gen1- is directed, in case the Parties
chargeable with any part of such Our Revenue, refuse,
neglect or delay Payment thereof, by himself or suffi-
cient Deputy, to apply to Our Governors, Judges,
Attornies Gen!, or any other Our Officers or Magis-
trates to be aiding & assisting to him in recovering the
same. It is therefore Our Will & Pleasure, that you
Our Governor, Our Judges Our Attornies Gen! and all
other Our Officers whom the same may concern do
use all Lawfull Authority for the recovering and levy-
ing thereof.
1738] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 49
88. You are likewise from time to time to give unto
wonts & De- Us & to Our Commr§ for Trade & Planta-
fects tions, as aforesaid, an Account of the Wants
and Defects of Our said Province; what are the chief
Products thereof, what New Improvements are made
therein by the Industry of the Inhabitants or Planters,
and what further Improvements you conceive may be
made, or advantages gain'd by Trade and in what
Manner we may best advance the same.
89. Our Will & Pleasure is, that for the better
Grants of Quieting the Minds of Our Good Subjects,
Lands. Inhabitants of Our said Province, and for
settling the Properties & Possessions of all Persons con-
cern'd therein, either as Gen1. Proprietors of the Soil,
under the first Original Grant of the said Province,
made by the late King Charles the second to the late
Duke of York, or as particular Purchasers of any Par-
cels of Land from the said Gen! Proprietors; You shall
propose to the General Assembly, of Our said Province,
the passing of such Act or Acts, whereby the Right
and Property of the said Gen1 Proprietors of the Soil
of Our said Province, may be confirmed to them,
according to their respective Rights & Titles, together
with all such Quit -Rents as have been reserv'd or are
or shall become due to the said Gen1. Proprietors, from
the Inhabitants of Our said Province, and all such
Priviledges as are expressed in the Conveyances made
by the said Duke of York, excepting only the Right of
Government, which remains in us; And you are fur-
ther to take care, that by the said Act or Acts so to be
pass'd, the Particular Titles & Estates of all the
Inhabitants of that Province, and other Purchasers
claiming under the said Gen! Proprietors be confirm'd
and settled, as of Right does appertain, under such
Obligations, as shall tend to the best & speediest
Improvement or Cultivation of the same: Provided
5
50 ADMINISTRATION Of GOVERNOR LEWIS MORRIS. [1738
always that you do not consent to any Act or Acts to
lay any Tax upon unprofitable Lands.
90. You shall not permit any other Person or Per-
sons besides the said Gen1. Proprietors or their Agents
to purchase any Lands whatsoever from the Indians,
within the Limits of their Grant.
91. You are to permit the Surveyors and other Per-
surveyorsof sons appointed by the foremention'd Gen!
Land. Proprietors of the Soil of that Province for
surveying and recording the Surveys of Land granted
by & held of them to execute accordingly their respect-
ive Trusts. And you are likewise to permit & if need
be, aid and assist such other Agent or Agents as shall
be appointed by the said Proprietors for that End, to
collect and receive the Quit-Rents which are or shall
be due unto them from the particular Possessors of
any Parcels or Tracts of Land from time to time, Pro-
vided always that such Surveyors Agents or other
Officers appointed by the said Gen! Proprietors do not
only take proper Oaths for the due Execution & Per-
formance of their respective Offices or Employments
and give good & Sufficient Security for their so doing,
but that they likewise take the Oaths, mention'd in the
aforesaid Act, intituled an Act, for the further Secur-
ity of his Majesty's Person and Government & the
Succession of the Crown in the Heirs of the late Prin-
ces8. Sophia being Protestants, and for extinguishing
the Hopes of the pretended Prince of Wales and his
open & secret Abettors, as also make and subscribe the
Declaration aforesf and you are more particularly to
take care that all Lands purchased from the caid Pro
prietors be cultivated & improved by the Possessors
thereof and you are to take care that no Fees be exacted
or taken by any of the Officers under you, for the Grants
of Land, made by the Agents of the Proprietors, which
Agents are to deliver over to you in Council, Dupli-
cates of all such Grants to be registered in Our Council
Books.
1738] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 51
92. And if any thing shall happen that may be of
°°vr*o£ower Advantage and Security to Our said Pro-
Emergencies, vince which is not herein or by Our Com-
mission provided for, We do hereby allow unto you,
with the Advice and Consent of Our Council, to take
Order for the present therein, going [giving? ] unto Us
by One of Our Principal Secretaries of State & to Our
CommT.8 for Trade & Plantations speedy Notice thereof
that so you may receive Our Ratification if We shall
approve of the same. Provided always that you do not
by Colour of any Power or Authority hereby given
you, commence or declare War, without Our Knowl-
edge & particular demands herein, except it be against
Indians, upon emergencies, wherein the Consent of
Our Council shall be had, & speedy Notice given there-
of unto us as aforesaid.
93. And you are upon all Occasions to send unto us
by One of Our principal Secretaries of State
proceeding an(i to Our Comr* for Trade and Plant? a
to be particular Ace* of all your Proceedings &
Transmitted. * ,. ,.,. » * *» • •,. •
of the Condition of Affairs within your
Government.
Letter from William Wood to the Lords of Trade-
relative to the issuing of Paper Money in the
Plantations.
[From P. R. O. B. T. Plantations General, No. 10, N. 81.]
Letter from Mr Wood, to the Board, inclosing
a Proposal for Extending & Enlarging y*
Trade & Navigation of this Kingdom, &
for the bettf Peopling the British Planta-
tions, by remedying the present Mischiefs
& Inconveniencies attending the Com-
52 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
merce of ye Plantations, from the practice
of late Years, in the Issuing of Paper-
Money, & in the Raising of the Coin.
Whitehall, June 218r 1738.
B* Honb.le The Lords For Trade and Plantations
My Lords.
The many Complaints, which have been made to
the Crown, as well as to Your Lordships, relating to
Paper-Bills issued in so many of the Plantations in
America, having induced me to imploy my Thoughts
to remedy an Evil, which, so far as I have considered
the Affair, must necessarily prevent the Prosperity of
the Plantations, as well as the Increase of the Trade
of this Kingdom, I presume to send Your Lordships
what has been the Eesult of the Time I have imployed
on this Subject; and if Your Lordships, upon reading
this Proposal, shall think it worthy Your Considera-
tion, but at the same time have any Objections to it
or want any Explanation of it, If You will direct Mr
Hill to transmit them to me, I will indeavour to give
Your Lordships the necessary Satisfaction. I have
not imparted this Paper to any Body of Merchants in
General, but only occasionally, to Three Gentlemen of
this City, Two of Bristol, and Two of Leverpool, and
to Each separately, who every one so far approve it as
to wish it was carried into Execution; which I thought
proper to mention to Your Lordships, and am, with
the Greatest Respect,
My Lords,
Your Lordships' most obedient humb.le Serv?
WOOD.
A PROPOSAL For the Extending and Enlarging the
Trade and Navigation of this Kingdom, And For the
better Settling and Peopling the British Plantations in
1738] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 53
America, by remedying the present Mischiefs and
Inconveniencies attending the Commerce to the Plan-
tations, from the Practice of late Years, in the Issuing
of Paper-Money, and in the Raising of the Coin.
That be coined in Silver, One Third into
Crowns and Half-Crowns, One Third into Shillings,
and the Other Third into Sixpences, in
Gold, one Moiety into whole Guineas, and the Other
Moiety into Half-Guineas, and in Copper,
the whole coined One Fourth Part less in Value, or
less in Gold and Silver, than either a Guinea or Half
Guinea, Crown or Half-Crown, Shilling, or Sixpence,
or Halfpenny, is in this Kingdom, and to have the
Word America stamped on each Piece.
That, in order to replace the Amount of the Money
imployed in answering this Coinage, and for the intro-
ducing such Coin into the British Plantations, It shall
be Directed, First, That Part of such Money, so coined,
shall be Lodged in the hands of the Paymaster of the
Army, who shall issue such Money, and no other, to
the Agents of the Officers, Soldiers, and Garisons, in
the Colonies; Secondly, That another Part of the
Money, so coined, shall be lodged in the hands of the
Treasurer of the Navy, who shall issue such Money,
and no other, to the Storekeepers, Agent, Victuallers,
Pursers, and other Officers of the Nav y, for answering
the Money wanting for the Service of the Ships of
War stationed at the several Plantations in America;
And, Thirdly, That any Person or Persons shall, upon
Application to the Officers of the Mint, or such other
Persons in whose hands such Money shall be lodged
after its being coined, be supplied with such other
Sum or Sums as he or they may require, Paying for
the same in the current Coin of this Kingdom.
That the Agents to the Soldiers and Garisons, and
the Officers of the Navy, and all other Persons to
whom such Money, so coined, shall from time to time
54 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
be paid or delivered, shall enter into Bond, in a
Penalty, to send such Coin to one of His Majesty's
Plantations in America, and shall make an Entry, at
the Customhouse of the Port where it shall be shipped,
on what Ships or Vessels such Money shall be shipped
on board.
That the Money, so coined, shall pass, in all Pay-
ments, in the several Colonies and Plantations in
America, viz? a Crown for 5? a Half -Crown for 2s, 6d, a
shilling for 12?, and a Sixpence for 6? Twelve Copper
Halfpence for 6? a Guinea for 21? and a Half -Guinea
for 10? 6? and not at any other Denomination, or at
any greater or lesser Value, by Sale or otherwise,
under a Penalty.
That, from and after the Payment for
the Goods, bought and sold, and for all Contracts
made and entered into, shall, in the several British
Colonies and Plantations in America, be accounted for,
at or in proportion, and according to j the Rate and
Value of this Coin.
That such Coin, imported into any of the Colo-
nies, may be Exported to any other Colony, and also
to this Kingdom, but shall not be Exported to any the
French, Dutch, Spanish, or any other Foreign King-
dom or Settlements.
That said Coin shall not pass in payment in this
Kingdom, or the Kingdom of Ireland, but the Pay-
master of the Army, or Treasurer of the Navy, shall
be obliged to exchange any Sum or Sums on applica-
tion, by giving the Coin of this Kingdom for the same.
That no other Coin than this Coin, whether British,
French, or Spanish, or any other Country, shall pass
in payment in any of the British Plantations, by Sale,
or otherwise than by Weight.
That every Person or Persons, in any of the Colonies,
receiving a Consignment or Parcel of this Coin from
this Kingdom, shall make an Entry of the Quantity on
his Importation of the same in the Colonies.
1738] ADMINISTRATION OP GOVERNOR LEWIS MOKRIX. 55
That no Person shall Export any of this Coin from
one Plantation to another, or from any of the Planta-
tions to this Kingdom, without Entering the same,
Nor any Person receive a Consignment or Parcel of
this Coin from any one of the Colonies without Enter-
ing the same.
That, from and after the no Person or Persons
shall be obliged to take or receive for any Debt or De-
mand, either due from the Publick or any Person
whatsoever, any Bills of Credit, or other Currency of
Paper, Created and Issued by virtue of any Act or
Acts of Assembly, or any other Publick Authority:
And, in Case Provision shall not be made, on or be-
fore the said by some Act or Acts of Assembly
or other Publick Authority, For the Sinking or Dis-
charging of such Bills of Credit or Paper Currency,
according, and in proportion, to the Value or Rate of
the Coin hereby Directed and Required to transmit to
His Majesty's Principal Secretaries of State, or to the
Lords Commissioners for Trade and Plantations, an
Account of the Bills which may remain unprovided
for, and the Interest, if any, which may be Due there-
upon, with an Account when such Bills were severally
issued, what Rate the Currency was at the time of
their issuing, and what such Rate of Currency may be
in value to the Coin hereby Established, to be I^aid
before both Houses of Parliament.
And, whereas many Debts are owing in these Col-
onies, contracted when the Currency was at very dif-
ferent Rates or values, Therefore, for the Ascertaining
a just Equality in the Payment of such Debts between
the Debtor and Creditor, That the Debts, contracted
at any time before the shall he accounted for, or
paid, at or in proportion, or according, to the Rate or
Value which the Money of each Colony where the Debt
was contracted, shall, or may, be to the Value or Rate
of this Coin.
I
56 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
From Governor Morris to the Lords of Trade-
acknowledging the receipt of his Commission, etc.
LFrom P. R. O. B. T. New Jersey, Vol. 4, F. 31.1
Letter from Mr Morris, Govr of New Jersey,
giving Account of -his having published
his Commission, the people rejoice at hav-
ing a Distinct Govf from N. York, and
hope to have a Trade to Great Britain
directly to New Jersey, Rec* Octoer 26fc.h
1738.
Perth Amboy, Septr ye 11th 1738.
My Lords.
I did on the 261.11 of' August receive his Majesties
Letters Patent appointing me Governor of New Jersie,
I published them at Amboy on the 29^ and at Bur-
lington a few days afterwards.
The People are greatly pleas'd with being governed
by a different person from the Governor of New York;
and cannot sufficiently express their Obligations to
his Majestie and his Ministers for that favour. I have
ordred writs for the Election of an assembly which
is to meet on the 26* of October; and if a Judgment is
is to be form'd from the Generall satisfaction that at
present appeares, I am not without hopes of a good
Issue from their meeting.
They have warm desires, and are big with hopes of
carrying on a trade directly with great Britain, instead
of recieving European Commodities from their neigh-
bours of Boston, New York and Pensilvania. I am
not yet acquainted with their schemes; but hope I do
not Err in wishing that the Success may answer the
expectation; Tho I feare it will be a work of more time
1738] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 57
than they suppose it will require to bring it to
the desired effect. If they continue in the Same mind
when I know the methods they propose I shall com-
municate them to your Lordships for your farther
commands and in this and in every thing elce will
endeavour that my Conduct Shall be such as will pre-
vail upon your Lordships to entertain a favourable
opinion of
My Lords
Your Lordships most Obedient and most
humble Servant
To the Right honb.le the Lords Coinm'-8 for Trade &
plantations.
From Governor Morris to the Duke of Newcastle-
acknowledging the receipt of his Commission.
(From P. P. O. America & West Indies Vol. IS, p. 62 J
Perth Amboy in N. Jersey, Septf 11* 1738
May it please Your Grace
I did on y* 26th of August recieve by Captain Pearse
his Majesties Letters Patent. Constituting me Gov-
ernour of New Jersie, which I published at Amboy on
the 29th following, and at Burlington a few days
afterwards. The People are highly pleased with
being to be governed by a person distinc1 from the
Governor of New York; and 1 have on every Occasion
endeavoured to make them sensible how much they are
Oblig'd to his Majestie and his Ministers for so con-
siderable a favour.
I beg that Your Grace will give my humble thanks
58 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1738
to his Majestie for the honour he has done me in
Appointing me their Governour. I will Endeavour to
behave agreeably to the great trust reposed in me ;
And to shew that his Majesties favours are not
conferr'd upon an unsuitable Object.
I should be wanting in my duty, Should I not on
this head Own my Obligations to Your Grace. I
presume humbly to beg the continuance of Your
Favours, in making favourable representations of my
Conduct to his Majestie; which I will endevour Shall
be such as may prevail upon Your Grace to be the
patron of
May it Please your Grace
Yours Graces most Obliged and
most Obedient humble Servant
LEWIS MORRIS.
To the R* Hon'ble his Grace duke of new castle &c.
An Address to the King from the Council and Repre-
sentatives of New Jersey — Thanking him for
giving New Jers^y^a separate Governor.
[From P. R. O. America & West Indies, Vol. 12, p. 61.1
To HIS MOST EXCELLENT MAJESTY GEORGE the
second by the 'Grace of God of Great
Britain France and Ireland King Defen-
dor of the Faith &c.
The most humble Address of Your Majesty's
Council and the Representatives of Your
Majesties Province of Nova Ccesarea or
New Jersey in Generall Assembly Con-
vened.
Most Gracious Sovereign
Wee Your Majesties most dutifull and Loyall Sub-
jects, Do humbly beg leave to acknowledge to Your
1738] ADMINISTRATION OF OOVEKXOH LEWIS MOKU1S. 59
Majesty our most hearty and sincere thanks, for your
having, at Our earnest Petition, appointed a Person
to govern this Province solely, a ffavour truly great!
and which we recieve as a farther Testimony, that the
remotest of your Majesties Subjects are equally the
Objects of your Royal Care, protection and Benevo-
lence.
From hence We hope to see Trade and Commerce
fflourish, and Justice more duly and Speedily Admin-
istered, among us, Blessings! which will make us
happy, Encrease the Number of Your Majesties sub-
jects here, and enable us from time to time honourably
to Support the Government in all its parts.
Permit us also most humbly to acknowledge our
satisfaction in the Gentleman whom your Majesty has
on this occasion appointed to Represent your Royal
Person here His know [n] Justice, Integrity and Impar-
tiallity in his several former Stations, has render'd
him most acceptable to us, His perseverance therein
and Our Loyalty and Gratitude to your Majesty, the
best of Kings, will be the Inducements to continue
your Royal Grace and Favour, both towards Him and
us.
That Your Majesty may long Live and Reign, Tri-
umphant over all your Enemies, The darling and
beloved Object, of aU your Subjects Care and Vener-
ation, and blessed in a numerous Offspring, is the
Prayer of
Divers of the
Members of May it please Your Majesty
£££££ Your Majesties most DutifuU
called Quakers and Loyal Subjects
£££i?s5: ByOrderoftheCouncill
stance of the JOHN HAMILTON Sp'
bTJaTsTe By Order of the House of (Representatives
Exception to JOSEPH BENNET [Bonnell?] Spea'
Stile.
60 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1739
Letter from Governor Morris to Sir Charles Wager, '
First Lord Commissr. of the Treasury — relating to
the affairs of New Jersey and New York,
[From Original Letter-book, of Gov. Morris, in the New Jersey Historical Society
Library.]
AMBOY May 10? 1739.
Right honble
I acknowledge the honr of yours of the 15"1 of Jan'y
& 11th of december. I thank you for the favours Ex.
press'd in both of them, my poor daughter is under
the greatest Obligation to you concerning her pension
& if She recovers the great fatigue of attending a sick
Husband (wch I am told kept her constantly out of bed
(Except three nights) both during the Voyage and
after it) She cannot faile of returning those gratefull
Sentiments She is at present with So much reason
possess'd of—
I thank you for ye favourable Sentiments you ex-
press of my Speech" I spoke my reall thoughts; & if a
Judgment were to be form'd from the Assembly's
address upon it (wch was long a comming) and from
the addresses from all parts of the Province I had rea-
son to Expect every thing I could fairly desire, but, I
cannot as yet Say the Success has answered the Expec-
1 SIR CHARLES WAGER— This Baronet, with whom Governor Morris formed an
intimate acquaintance when in England, and for whom he cherished a sincere
regard, stood high in his profession. He was made a Captain for his gallantry at
the battle of La Hague. In 17'07 he was sent with a command to the West Indies
where he defeated fourteen Spanish galloons with only three ships. Queen Anne as
a reward for his distinguished services, knighted him, and promoted him to be an
admiral. His generosity was equal to his heroism. The riches he acquired were
regarded by him only as the means of doing good both to his relatives and to
persons in distress. He was chosen a member of Parliament for Portsmouth in
1709, and sat in every parliament there after until his death. He was placed at the
head of the Navy Board in January, 173^.— See Collections New Jersey Historical
Society, Vol. IV, p. 40.— ED.
a See "Papers of Governor Lewis Morris," pp. 36-38.— ED.
1739] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 61
tation, & whether it will, or no, requires Some time
to discover. There is So much Insincerity — and Igno-
rance— among the people and withall so rooted a Jeal-
ousy of their Governours, & so strong an Inclination in
the meaniest of the people (who are the majority &
whose Votes make the Assembly) to have the Sole
direction of all the Affairs of the Government, & to
make the Governour, and other officers Intirely depend-
ant on themselves, that it requires much more temper,
Skill, & constancy to overcome these difficulties than
falls to eveiy man's share & whether to be done most
effectually by driving, or leading them, is difficult to
determine. Each of these have been Successfull in
their turns: & sometimes neither. The generality of
them Seem to have no very quick Sence of honour or
of Shame & can beare with indifference enough the
reproaches of departing from their words or Engage-
ments whenever they think it Improper to comply wth
them; so that their addresses like many others are not
much to be depended on being rather the sence of
the drawers who furnish the words & Paragraphs &
may be said to be as little understood as intruding by
the greatest part of the Addressors; if their conduct
afterwards be a reason Sufficient to forme A Judg-
ment on; of this their adress to me (Inclosed for your
perusall) is a Sample & I should be glad I could truly
Say that this bad made it good in any one point, &
here I must not Omit doing the Justice to Say that A
majority of the house profess'd to be my friends & I
am willing to believe an Equallity of them were really
Sincere & to them (who Spar'd no pains) is owing wl
has been done ; tho many of their notions were too
confin'd & narrow to do as much as might Otherwise
have been Expected from them, had there been no
greater obstacle yn this perhaps time and conversation
might have remov'd it, but there grew So great a ran-
cour among the members that they Shun'd the conver-
62 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1739
sation of Each other Out of the house, and could not
preserve the rules of common decency in it descending
to downright Scolding, giving the lye, threatning to
Spit in the faces & were (as I am informed) often
very nigh getting together hy the Ears: & Seemingly
or really so Irreconcileably divided that when any bill
was proposed tho a good one by One part it was Op-
pos'd by the Other purely for Oppositions Sake, this to
Some Goverrs might not have been a disadvantagious
Scituation; but I did not think the Governing by par-
ties Eligible till I could not avoid the doing so, &
us'd the differences rather as matters of diversion than
otherwise: Sometimes expressing a concerne that good
men Should be So Angry wth each other. This was
their conduct During most of the time of their Sitting
which was very Long; but before the close of the Ses-
sions there arose a difference between them & the
Councill; & tho they were far from Agreeing Amongst
themselves in other matters yet, the majority of them
Seem'd to unite heartily against the Councill in this:
wch appearing to me of Dangerous tendency I thought
it necessaay to dissolve them; & not Suffer a contro-
versy of that kind to go any further, Inclos'd you
have my Speech to them on the dissolution: with Ap-
parent reasons for the doing of it: but the true one
was for this their Extravagant & as I thought unwar-
rantable claim wcl1 was the Cause of this difference,
the case stands thus. There are two Acts pass'dinthis
Province to strike paper bills of credit: these two Acts
have had the Eoyall assent, — the reasons assign'd in
the preamble of these Acts are, for Encreasing the cur-
rency of this collony, for the better enabling the in-
habitants to Support Government, discharge their En-
gagements & carry on their trade. In order to do
those things this money is let out to Interest, and the
Interest arising from it to be yearly paid in to the
treasurers of the Province and by these Acts
1739] ADMINISTRATION OP GOVERNOR LEWIS MORBI8. 63
this Interest money so paid to the treasurers
is to be disposed of to & for the Support of
the Government in Such Sort, manner & forme, as by
the Governour, Councill, & Oenerall Assembly, Shall
be directed, — By these Acts the money arising by the
Interest is given and Apply'd to the Support of the
Government and to be dispos'd of for that purpose;
but how & in what man'er that is (as I take it) how
much to the Governour & how much to other officers,
»fc for other Services is left to the direction of the Gov-
ernour, Council!, & Assembly, for the time being to
Agree upon; whether this was to be done by Agree-
ment without an Act of Assembly; or by an Act?
might admit of debate; but whether with, or without
an Act; the Councill were of Opinion that both they
and the Governour; had by virtue of these Acts as
much right as the Assembly to direct how & in what
manner money long since rais'd & paid into the hands
of the treasurers for the Support of the Government
Should be apply 'd to that use, — the Assembly indeed
when they rais'd any money by act have pretended a
right not to admit the councill to amend a money bill
& the Councill on the Other side have insisted on a
right to amend any bill if they thought n't; tho they
Often declin'd doing of it rather than hazzard the
Support of y° government, but this they took to be a
quite differant case because by the Express words of
the Acts wch rais'd the money both goveniour and
councill as well as assembly were Im powered, to direct
in the disposition of it; however, to avoid as much as
might be any dispute on that head, the Councill did
proceed directly to make the Ammendments they
thought ' necessary; but desired A conference with
them on the Subject matter of the bill, the Assembly
Naturally enough Concluding that the Councill In-
tended by this conference to proi>ose Some Ammend-
ment to the bill then Sent up the Support of the gov-
64 ADMINISTRATION OP GOVERNOR LEWIS MORRIS. [1739
ernment not only refus'd to Conferr with them, but de-
clar'd it to be inconsistent both with the Interest of the
Province & the priveleges of their house to Admit of
any alterations to be made in it. This they might
have said if they had So pleas'd with respect to Any
other bill or all bills & would have been if persisted in
a totall Exclusion of yc Councell, wch has all wayes
been & still is one of the branches of the Legislature
by his Majesties letters Patent: & whatever pretence
they might have had with respect to a bill raising
money upon the people, they had not the least collour
for doing it in a bill wch was only made for the appli-
cation of money allready rais'd & in the treasury; &
wch by Virtue of Acts that rais'd it was to be applyed
by the direction of the govern our & councill as well as
themselves, — the Excluding one of the branches of the
Legislature I conceiv'd to be a matter of too dangerous
tendency & too Open an attempt on the constitution
for me to let pass unnoticed; & I pers wading my Self e
that my Conduct will on this head be approv'd by my
Superiors
In Pensylvania they have a councill to advise the
govern' wch, as I am told have no voice in Legislation
& their neighbours in this Province may for ought I
know be fond of Such A Constitution: as being one
great Step to render A governour Intirely dependant
on the people, & the tool of their purposes; wch are not
allwaies the best or most beneficial for themselves; but
untill his Majestie thinks fit to make that the Consti-
tution of this Government, it Seems to me an unwar-
rantable Step in the Assembly to attempt it, by a pow-
er Assum'd to themselves; & to be too like a vote
formerly in England that made the house of Lords
useless, but of this his Majestie & his Ministers before
whom I am Oblig'd to lay their conduct will be the
best Judges and of what is fit to be done. The Board
of trade in a letter of theirs of ye 134.11 novemb* 1711
1739] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 65
when the Assembly of New York Insisted that the
Council! could not Amend a money bill Say that pre-
tence is Groundless and will not be allow'd of in Eng-
land the Councill having an Equall right with them in
Granting money there being nothing in her majesties
Commission under ye great Seale to the contrary, by
virtue of wch they only Sit as an Assembly. I make
no question the members of the present board will be
of the Same Opinion and that if the Assembly pretence
that the councill could not amend A money bill was
groundless the pretence of Excluding of them totally
from making any alteration in the disposition of money
allready rais'd (& wch by Express words of the Acts
that rais'd it Power was Given to the Councill Equally
with the Assembly to direct in the disposition of it) is
much more groundless & unreasonable.
I am Sorry to Say that Some of the people call'd
Quakers were very Strenuous on this head against the
Councill & were very much the Occasion of Carrying
things this length: but as many of the members of
that perswasion in the house were very much &
Sincerely my friends I would hope that if Some of
their friends in England would by letters hint to them
the danger of this conduct the warm, & heady Amongst
them might be prevail'd upon to become more moder-
ate and to desist making of claimes W* I think can
never be granted: but that I submit; the disposition of
the people, their Jealousies of all govern? and their
Strong Endeavours to render them intirely dependant
upon themselves, tho' too notorious, is not Peculiar to
this province only, it Increases as you go farther East-
ward, & I think is rather more in New York tnan
here; but with this difference that the Generality
here pretend a great Liking and affection to their gov-
ernour; but there not. Mr Clarke who really is A
man of understanding (& who I think has behav'd
very well & with exceeding temper) has not been So
6
66 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1739
fortunate as to gaine upon the Affections of the people
who Deem him a man of much Art; but Suspect his
Sincerity, & ad to their generall Jealousy of all gover-
nours a very great Suspition of him in particular,
the Generallity of those who dislik'd Mr Cosby's
administration did firmly believe he was the director
& adviser of all Mr Cosby's measures & tho' he Deny'd
he was So '& charg'd All their missteps to the account
Coll1 Cosbys lady and took quite different measures in
his administration yet his denyall did not obtain So
much credit as was expected. On the Other side the
Partizans of M1 Cosbys administration whether it was
from dissappointment of Mr Clarkes not entring into
their measures with So much warmth as they Expected
he would or for what other reason began Seemingly
or really to grow coole towards him and after that so
Violent against him as to exceed all manner of decency
in the Opposit" they made; they upbraid him in all
companies & some of them as I have been told went
so far (of wch it is Said the brother of the chief Justice
was one) as to come close to the fort walls when his
Lady and daughter was walking upon the rauiparts &
abuse them in a most vile manner calling Each of
them whores & pretended to name the places, times,
& persons, where, when, & with whom they had
entertained Criminal conversations. Mr Clarke pru-
dently declining to take any notice of this, conlirm'd
the Others in the Opinion they had entertain'd that
this difference was all pretence & yl he was embark'd
in the Same bottom with them or would have taken
notice of this & 20 other Instances of Mall treatment
he had receiv'd and had been given to Others wth they
Said might have been effectually don by changing a
Sherrif made by Cosby wch he had been petition'd by
Some hundreds to do, but would not & wch Sherrif
generally return'd some of these rude people on the
Grand Jury, the dissolution of ye last Assembly
1739] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 67
which had done more than he could have expected of
them farther confirm'd these Suspicions for tho' the
Opposite party had by methods not as is Said altogether
Justifyable got one of their party into the house in the
room of one of the Other yl dyed & had gain'd Some
of the members yet they Soon lost them & then began
to appear a disposition to peace & settlement but the
Sudden dissolution put a stop to its being done by
these hands I was an Intire Stranger to the thing;
being not at all advis'd with about it nor do I learne
yl my son was & was much Surpris'd when I hear'd it
being a misterious piece of conduct which none could
Account for but those let into the Secret. The pre-
vailing Opinion was that he had now thrown off y8
mask & was sure of the Other party; and his Speech
to them Since confirmes them in that Opinion wch they
say would not have been what it is if he had not well
known who he had to deale with; for my part I hardly
know what to Say about it, he may possibly Succeed;
but I very much Question it, if those Suppos'd of his
party are not very great masters of dissimulation no
thing has been left unsaid by them to bring in men
Very Opposite to his Interest, & should those let into
the Secret (if such there be) pretend to change Opinions
& decline passing in the house the arguments of a
halfe Sallary being Sufficient & that for one yeare for
a Lieutenant govern our w** were the popular topicks
they made use of to get themselves & others chosen I
doubt much if they would Succeed ; but that a little
time will discover.
I have been the more full on this head on the Score
of the letter you hon!? me with of the 15th of Janry. I
cannot easily Express the Obligations I think mySelfe
under to you & am Sencible of those I ow to Mr Wai-
pole & would be gladly Serviceable to Mr Clark or any
friend of his or Yours. I wish it was as much in my
power as Inclination to reconcile & put an end to the
08 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1739
animosities in New York in Such a manner as would
make them friends to the governour & government as
well as one another; but that considering the generall
Inclinations of the people requires greater talents than
I am master of & Mr Clarke has too great A knowl-
edge in the Scyence of government to need my Advice
Should he condescend to Ask it, Time may discover
strange Events but if I can- forme any Judgm1 from
the present face of things that govern m't will be in no
likelyhood of Settlement unless A govern' in chief is
Sent among them & he Should be as I think one of no
mean abillities that can Succeed in So difficult an
undertaking without the aid of a British Parliament:
but I feare I say too much.
Our Assembly have Setled a Support for three Years
and would have it believ'd that they have done won-
ders, my share of it is £1000 per annum wch was about
600 Sterling but is now about 550£ Sterling & my
whole perquisites will not Exceed £70 Sterling pr
Annum if it comes up to it, the other officers of the
Government are So scantily provided for that they can
scarce performe the Services required of them & at
the Same time there is Sufficient in the Treasury for
an ample provision for all of us. The assembly
thought that in this Support they had made an Ample
provision for me, or would have it thought so by
others; but unless they mend their hand I can't see
that I can lay up any thing by it, the holding of the
Sessions of Assembly in two different places & keep-
ing two Secretaries offices causes an Encrease of
Expense & is inconvenient to the Inhabitants of wcl1
they are Sencible, as may be Observed from their
addresse to me. The Instruction Obliging to that was
a concession the Crown Agreed to upon the Surrendr
of the Government; but it being on all hands agreed
to be inconvenient; & the circumstances both of
things and of the Proprietors Interests with respect to
1739] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 69
their Scituation being now very much altered, the rea-
son of it doth not now continue the Same it was; & I
am in hopes his Majestic may be induc'd to leave that
matter to the govern' & councill
I have wrote a book instead of a letter but believ'd
the being particular would give you the best Accounts
of things So as to enable you to form a Judgment of
them and am Sir
Your most obliged &c L. M.
To the Right Honble Sir Charles Wager first Lord
Commissr of the Admiralty & one of his Majesties
Most honble Privy Counsel.
From Ex-Governor Hamilton to the Lords of Trade-
complaining of certain proceedings of Governor
Morris.
[From P. R. O. B. T. New Jersey Vol 4. F 33. J
Letter from Mr Hamilton late Commander in
Chief of New Jersey, dated May SO1.11 1739,
complaining of Col: Morris the present
Govr for threatning to sue him for the Sal-
ary he received as President, when he com-
manded.
Amboy May 30th 1739.
My Lords
I humbly hope your Lordships will pardon the pre-
sumption. I now am Guilty of by taking up Any of
your time with my trifleing Affairs but Your Lord-
ships haveing been pleased to Approve of My Conduct
during the time I presided in this Province & directed
me in a Letter You did me the honor to Send of the
22d of June 1737 to doe my utmost to presei-ve the
tranquility of the Province under my Command untill
70 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1739
the Arrival of the Lord De La Warr. I take the
Liberty to Acquaint Your Lordships that as Soon
as Coll? Morris recd his Commission for Governor
of this Province he came here to publish it and att the
Same time did declare he came as an Intire Stranger
and Void of all resentments to Any person whatso-
ever. In the Winter Coll? Morris held An Assembly
att Amboy in the Council I acted as President & for-
warded his Majestys Interest & the good of the Coun-
try as much as Lay in my power the first Council that
was held after that Assembly was disolved the War-
rants for the Salarys of the Officers of the Goverm1
were Signed, I Applyed for my Salary as Commander
in Cheif from the 23d of June 1738 (to which time I
had received My Salary) to the 28th of Aug1 following
the day he published his Commission w!1 he not only
refused to grant but likewise told me he Expect'd I
Should pay him all the Salary I had received as Presi-
dent of the Council from the 20*? of Octr 1736 the time
he came here and demanded the Goverm* & that If I
did not pay him he Should be Obliged to Sue me. I
told him if he did & Judgment went against me I
would certainly Appeal Since that I have not heard
any thing further nor doe I yet know what he Intends
to doe, however I thought it my duty to Acquaint
Your Lordships with it & begg You will consider what
a Situation I shall be in if he does, He is the Govern;
has made his Youngest Son Cheif Justice of the pro-
vince. & Appoints Sheriffs & other Officers of the
Court. So if I should be Cast I must first Appeal to
him in Council bef or I can carry it to England wherein I
may meet with great difficulty. I humbly begg Your
Lordships will be pleased to consider me I hope You
will pardon me for this Long Ace-
I have the Honor to be w1!1 the most profound regard
My Lords Your Lordships most humble
and most Obedient Servant
JOHN HAMILTON
1739] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 71
Letter from James Alexander to Peter Collinsori—
relating to his difficulties with Governor Cosby
and President Clarke.
iFrom the Original Draft in Rutherfurd Collection, Vol. IV, p. 68.)
New York June 4 1739.
Sir
hearing by this post that a new GoV is nominated
for this place, tho' I am Extremely Straitened in time
yet Least the news should prove true I thought that I
ought not to miss this opportunity of answering yours
concerning my place in the Council as particularly as
I could.
About 18 years agoe I was appointed one of the
Council of New York by Governor Burnets recomen-
dation on his first arriveal to whom 1 was in the
Strongest manner recommended by Brigadier Robert
Hunter his predecessor who were two of the best
Gov™ that ever this place has had & if I am not out,
I am now the oldest but one of the .Council.
I Stood So well with Brigadier Hunter Govr Burnet
& Govr Montgomerie, that I was not without Envy
on that head, tho God knows it I never used my
Interest with them to the hurt of this my Country or
any one in it but the Contrary to the utmost of my
power.
Before Coll Cosby Came I thought I Laid in a Suffi-
cient Stock of Obligations upon him that I might have
Stood as well or better with him than any former Govr
because he was more Obliged to me before ever he
1 PETBR COLUNSOK was for many years the business corre.spondent of Mr. Alex-
ander in London, making purchases for Mrs. Alexander's store, and performing
important services otherwise— £»,
72 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1739
Saw me than any one in this place & by the advice &
assistance I gave him in England before his arriveal
here he owned he Saved the payment of the Companys
here which was at Least £2000 pi" annum to him all
the time of his Government.
The assistance I gave him was not by advice before
hand only but also by Advancing much above 4000 of
our money for the payment of the Companys before
his arriveal when no other body would do it at first to
Save him from the necesity of the thing because no
provision was [made] for it and afterwards by his
approbation & thanks for what I had done & Express
directions to Continue to do So till his arriveal.
Upon his arriveal he Seemed very gratefull for these
Services, but Soon after I had a notice from my
friends Penn & Barclay that his agent refused pay-
ment of above £500 Sterling of what I advanced at
his request, which I acquainted him of & he buffled
with me about it for three months when I would be
no Longer so put off. I told him I must beg his
appearance to a Suit agl him for my money, & beg'd
that it might make no alterration of friendship be-
twixt us — This put him in a Rage & Storm in which
he threatned terribly; on this Treatment I immediatly
Engaged all the best Council in this place agl him —
he Sent soon to the Same Council but found I had been
before hand with him, upon which he Complyed by
giving me a Note under hand for bills of Ex:i to the
value of my Demand but £140 of that money is still
unpaid & Ever will be I Suppose for I happened after-
wards on a Shop account to Sign a Rec1 in full of all
Demands without reading it thinking it to have been
drawn in the Shop by my Wifes Directions & he had
the grace to Declare he made use of that to barr me of
that demand under his own hand.
This useage of me to whom he was So much Obliged
was but the first appearance of his madness (the most
1739] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 73
charitable name I can give to his Conduct here) it
Soon broke out after with a full Lustre agl Mr Vandam
Coll Morris & others, & Did Such things that few men
thought their Lives, Libertys or Estates in that Colony
in Safety, I heartily opposed his mad measures, This
Led him to represent me in a Strange Light to the
board of Trade, They without hearing me (tho a
Caveat was there Entered) & without any proof
reported agl me to be Displaced but Coll Morris hear-
ing of it before confirmed in Council wrote to Lord
Wilmington against it, which put a Stop to the Matter
then & there it Lyes unconfirmed — but I have been too
Long on that Madman — to come a little nearer to
the point, most men believed that Mr Clark was an
adviser & a helper in Cosbys Schemes in order to ruin
him & make way for himself ^tho he has Strongly
Denyed it since his Death) Cosby Suspended Vandam
to make room for Clark to be president — most men
abhorred the action & believed the Suspension Died
with Cosby because not.in the Kings name but a per-
sonal act of Cosbys of which opinion I was and still
am & Disowned Mr Clarks government as president
accordingly. I was not .once Summoned to Council
from the time of my threatning of Cosby with a Suit
as before till the day of his death when I was Sum-
moned & opposed Mr Clarks taking the Govemment
on him, but Mr Vandam was heard & had my dissent
Entered on the minutes of Council & a Coppy of my
dissent attested by the Clerk as a proclamation The
Council Delivered me [?] but notwithstanding that
Caution notifying the death of Cosby & his taking the
Government by unanimous advice of the Council
nameing my name the first of them. I Lookt on this
as a horrid abuse of me & immediatly I published a
Declaration that I had not advised or Consented as
that proclamation Set forth — various papers were pub-
lished on this point from the 10th of March 1735-6 the
74 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1739
day of the death of Cosby to the 12th of April 1736,
which maybe Seen in Bradfords & Zengers papers here,
when M' Zengers paper of that Last day in my behalf
. . ? . . without answer, all men being Convinced of the
abuse put upon me by the proclamation & Bradfords
papers in Support of it — which the minutes of Council
Showing my Dissent (durst I have Cited them) might
have done at once.
Mr Clark had got the Seals & the Majority of the
Council on his Side but a vast Majority of the people
Lookt on him as an Usurper in prejudice of Vandam,
however the plan was kept no material Step of Either
Side being taken to break it Leaving things just as
they were at Cosbys death till September thereafter
when Magistrates for this City were by the Charter to
be Elected & a new Mayor was to be appointed by the
Commander in Cheif and as it remained a Doubt who
was Commander in Cheif & consequently whose nom-
ination of a Mayor Should be accepted it was put to
the vote on the day of Election of Magistrates &
unanimously by the Electors of the whole City voted
to accept of Mr Vandam s nomination of a Mayor. Mr
Clark appointed one & Vandam another, but before
the time for their Entring on the office Mr Clark was
approved from England & had a Commission to be
Lieu1 Governour — On this all opposition to -him as to
being Commander in Chief Ceased — he treated me in
the Same manner as Cosby by not Summoning me to
the Council — the Assembly that had sat for near ten
years & who the people were much disgusted at for
not opposing Cosby in his measures, to retrieve their
Credit with the people began to oppose Mr Clark &
would give him but half the Salary usually given to a
Govr he thereon dissolved the Assembly— & his great-
est former opposers while president were chosen—
amongst which I happened to be one — he promised
Some good Laws to give us Something of a Constitu-
1739] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 75
tion (besides will & pleasure in Consideration of which
we granted him full Salary & all his arrears (not
out of any affection) I believe he owed it pretty much
to me that he got it, we were willing to pay him full
Salary from year to year would he govern well & con-
sent to Laws necessary for the Colony, which the first
Session of that Assembly IJJJBeemed pleased with but
before the next Session he>round means to prevail on
a Considerable number "of that Assembly to accept
offices of him & consequently in the opinion of the
people, to become Dependent on him, this he well
knew had ruined their Interest with their Constituents
& therefore at the beginning of the next Session he
treated them with a Motherly air & demanded a five
years Salary to be paid at once upon him — he had not
Corrupted Enough to Consent to that tho no Stone
was Left unturned to do it he Courted me and my
family heartily but in vain & he knows I was a Con-
siderable Instrument to prevent his Obtaining his aims,
—not out of any pique to him but because by Dear
Experience we have found it .... prejudicial to
the Country to give a five years Salary for . . (?) . .
governours Have got that but they have Set plunder-
ing Schemes on foot as Cosby did with a witness-
being so baulkt of his aims. — he Dissolved that
assembly at the new Choise it was objected to me that
I had been for full Salary & would be a friend to AT
Clark in all his measures of a five years Salary &c — to
be for a full Salary I would not Disown while he gov-
erned well, for it was my opinion be what he will that
he ought to be paid well while he governed well, but
as to a five years Salary I was Content to give any
assurances that I would not be for it and that I would
be for all the Laws that the Country had at heart — a
Declaration by way of Question & answer was drawn
up to this purpose to which my Colleagues & I agreed
***** The votes on the Election were very
76 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1739
near but my fellow Candidate & I Lost it, but I believe
we might have had it, had the half of the pains been
taken that was taken on the other Side as for my part
I never asked one to vote for me * * * * A great
part of this you may think out of the way, but I
thought it necessary to show you how I Stand with
Mr Clark, who no body dolfUs is a man of good sense
& of vast reach & cunning & who has governed so as
to give no Just Cause of Complaint to any one that I
know of & while he does So I wish he may continue
our Governour & yet no man believes he has one grain
of .... nor any regard for any man but in
Exact proportion to the benefite he can make of him,
but to come the point I believe that would I have ap-
ply ed or would Still apply to him to recommend my
restoration, that he would be much pleased with my
request & promise to grant it, but whether he would
perform his promise is what I can in no ways depend
on — On the Contrary I have reason to believe he would
publish that my request in order to ruin my inter-
est with the people he has given more than one
instance of the like— I Incline not to put these in his
power nor to Lye under any Obligation to him & will
rather Chuse to Remain out of my place in the Council
for ever.
I want not to be restored while he is Governour all
I would desire is that when a new Governour is nom-
inated that I may then be put in my right place & in
order to that I think his Recommendation can no ways
be wanting.
If a new Governour be nominated as is Said Now
must be the time before the Instructions pass for to do
this & I gratefully Embrace your offer of Service on
this head. I am heartyly Sorry for the death of Capt
Norris had he been alive he would have heartyly
assisted in this with all his Interest. If Mr Paris can
be helpful, I believe he will readyly Lend his assistance
1739] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 77
in it at your request for he it was that Entered the
Caveat agl Determining on any representation of
Cosby ag' me till I was heard & to him I Sent Certifi-
cates of my Character from Sundry Grand juries of
New York & New Jersey upon oath Attested under
the Great Seal of New Jersey & under the Seal of the
City of New York which he has but the Charge that
woudl attend a hearing before the King & Council on
this matter hindered Coll Morris then in England from
proceeding in it he being in the Same representation
& report that I was, & So till this time it Lyes. If
Thomas Orby Hunter son of GoV Hunter be in town,
I believe he will readyly at your request do all in his
power in the matter how much that may be I know
not. *****
JAS. ALEXANDER.
From James Alexander to Mr. Rodrigo Pacheco — en-
closing the foregoing letter.
(From the Original Draft in Rutherfurd Collection, Vol. IV, p. OS.]
New York June 4th 1739
Dr Sir [Extract. 1
Capt Pierce told me that Peter Collinsou was the
man who (unaskt of me) put Sr Charles Wager upon
getting me restored to the Council of New Jersey
Mr Collinson is a man of good Interest wf Sir Charles
& has Since offered his best Services to procure me
the Same favour for New York has taken Some pains
about it (also unaskt) & advises that it would be Easy
had I Mr Clarks recommendation, the within is Chiefly
to shew Mr Collinson that I cannot be restored that way.
What I would l>eg of you is to peruse the enclosed &
to Seal it, & if the above news be true [the reported
nomination of a new Governor] to take an opportunity
78 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
to Deliver it to Mr Collinson, & if you please to tell
him you are personally acquainted with me and will
give my Character when askt Also if you think you
can otherwise be helpf ull to him in the Matter to Offer
him your Service. But if no Governor be nominated
I would only, have you send the enclosed & have
no Stir in the matter for I believe its as Mr Col-
linson Says that Clarks Recommendation is a neces-
sary requisite during the time of his Government, &
as I shall not apply for that any Stirr in the matter
would be Labor in vain — Should at any time hereafter
a Governour be nominated Then I beg of you upon the
first notice of it to * * * on Mr Collinson for the
purpose before Being in haste I remain
DrSir
JA? ALEXANDER.
Report from the Board of Trade to the House of Lords
— relating to the Currency in America.
[From P. R. O. B. T. Plantations General No. 36, Ent. Book G, p. 215.]
To the Right Honble the Lords Spiritual & Tem-
poral in Parliani; Assembled.
May it Please your Lordships
His Majesty having been pleased by his Order of the
15th of June last, pursuant to Your Lordships Ad-
dresses of the 13th of the same Month, to direct the
Commissr.8 for Trade and Plantations to prepare & lay
before your Lordships at your next Sessions, " An
"Account of the Amount of the Paper Bills or Bills of
"Credit, which by Virtue of any Act or Acts of As-
" sembly subsisted or passed in Payment in any of
" the British Colonies or Plantations in the Year 1700,
' ' & also an Account of the Amount of what Paper
" Bills or Bills of Credit of any Species or Kind, have,
"by Virtue of any such Act or Acts, been created or
"issued in any of the said Colonies or Plantations
1740] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 79
''since the Year 1700, with the Amount of the Value
"in money of Great Britain, of such Bills at the re-
" spective times of their creating and issuing, and
" what Provision was made thereby for the sinking or
"discharging of any such Paper Bills or Bills of
"Credit, together with an Account of the Amount of
"the Bills that have been sunk or discharged in pur-
"suance thereof, and also of the Bills subsisting or
"passing in Payment at this time in any of the said
"Colonies and Plantations, with the Amount of the
"Value in money of Great Britain of such Bills, dis-
tinguishing each Species or Kind of Paper Bills or
"Credit and each Colony and Plantation;" and like-
wise an Account,
"What Rates all Gold and Silver Coins were ac-
" counted, received, taken or paid, and Gold and Sil-
" ver were purchased at & sold for pr ounce, in any of
"the British Colonies & Plantations in America, in
"the Years 1700, 1710, 1720, 1730; and at what Rates
"Gold and Silver Coins are accounted, received, taken
"or paid, and Gold and Silver are purchased at or sold
"for pr ounce at this time in the said Colonies and
" Plantations, distinguishing each Colony and Planta-
tion:" We take leave to represent,
That not having sufficient Vouchers in Our Office,
to make out an Authentick Ace' of Matters of so long
a Retrospect, We immediately wrote, in Obedience to
the said Order, Circular Letters to the several Govern-
ors of his Majesty's Plantations in America, inclosing
your Lordships said Addresses, & directing the said
Governors forthwith to prepare & transmit to Us the
several Accounts therein required.
In Answer to which Letters, We have received the
Returns hereunto annexed from the Governors of his
Majesty's Provinces of New York, New Jersey, the
Massachusetts Bay, & New Hampshire, and from the
Deputy Governor of Pennsylvania, & the three Coun-
SO ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
ties of Newcastle, Kent and Sussex upon Delawar
River, and the Lord Proprietor of Maryland; and also
from the Governors of the Islands of Antigua, S-1
Xtophers, and Montserrat, Barbados and the Bermuda
Islands; and crave Leave to lay the same, as they were
transmitted to Us, before your Lordships, as We shall
do the remaining Answers upon the same Subject, as
soon as We shall receive them.
All: which is most humbly submitted,
MONSON
JA: BRUDENELL.
Whitehall R. PLUMER
March 271?1 1740. R. HERBERT
M BLADEN
EDW? ASHE.
N. B. This & the Papers therein mention'd with a
List of them, were presented to the House of Lords by
Lord Monson, on Friday 28th March, 1740.
List of Papers relating to the Paper Currency &
Value of Gold and Silver Coin in America, presented
by the Commiss-8 for Trade & Plantations to the
House of Lords & Commons, pursuant to their Ad-
dresses to his Majesty of 13th day of June 1739.
1. An Account of what Bills of Credit have from
time to time been emitted in this his Majesty's Colony
of New York, &c.
March 27th. 2. An Account of the Value of Money
in New York from the Year 1700 to the Year 1739.
3. Report from the Comm'ee of the Council of New
Jersey concerning the Paper Currency & the Value of
Gold and Silver Coin.
4. An Account of Bills of Credit issued in the Prov-
ince of Massachuset's Bay &c.
5. Account of Province Bills made by Order of the
1740] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 81
Gen! Court &c. for the Massachuset's Bay in New
England.
0. Account of the Paper Currency in New Hamp-
shire in New England.
7. Account of the sev! Acts passed in the Province
of Pennsylvania for creating or issuing Papers Bills
or Bills of Credit &c?
8. Account of the sev| Acts of Assembly passed in
the Governm* of the Counties of Newcastle, Kent &
Sussex on Delaware for creating or issuing Paper
Bills of Credit &c.
March 271'1 9. Report from two Members of the
Council of Antigua to Wm Mathew Esqr Gov? of the
Leeward Islands, concerning the Value of Gold & Sil-
ver in that Island, dated Jan'ry 2? 1739-40
10. Report from the President of the Council of Sl
Christophers, concerning the Value of Gold & Silver
in that Island dated Deer 12, 1739.
11. Letter from Mr Wyke, President of the Council
of Montserrat to GovT Mathew, concerning the State
of the Coin in that Island, dated Decemr 14th 1739.
12. Account of Paper Currency in the Province of
Maryland.
13. Letter from Mr Dottin, Com'ander in chief of
Barbados concerning the Rates of Gold A Silver Coins,
& the Paper Currency in that Island, Dated Nov!" 91?1
1739.
14. Extract of a Letter from M' Popple Gov:r of Ber-
muda, concerning the Rates of Gold & Silver Coins in
those Islands, dated Deer 2()t." 1739.
N. B. The Return from S° Carolina was not reced
till after these Papers were laid before the Houses of
Parliam* & therefore was not presented till 15 & 16
April by Ld Monson & Mr Plumer.
Vide Journal of those days.
7
82 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
State of the Paper Currency in the British Planta-
tions.
[From P. R. O. B. T. Plantations General, Vol. X, N 40.]
Abstract from the Several Accounts [of the
Paper Currency] returned by the Govrf of
the said Plantations to the Iiords Commissrf
for Trade & Plantations, and by their
Lordsps laid before both Houses of Parlia-
ment in March and April 1740.
NEW JERSEY.
We do not find that any Paper Mony was Issued in
New Jersey, before 1709 in which Year An Act passed
for Issuing the Sum of £3,000
Another Act in 1711 for - 5,000
1716 4,670
1723 40,000
1730 - 20,000
1733 40,000
The best Information We can obtain in regard to
the real Value of these Bills, at or near the times of
their being Emitted, is by a Letter from Mr Morris the
Present Gov? of that Province dated May y! 26th 1739
inclosing An Address from a Committee of the Council
of that Province on this Subject wherein it is asserted
that from the Year 1709, to 1714 the Exchange was
£150 Paper Mony for £100 Sterling and rose gradually
from 1714 to 1739 to £165 Paper Money for £100 Sterl:
and that when the said Govr.8 Letter came away the
Exchange was risen to £170 Paper Money for £100
Sterling
1740] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 83
All the said Paper Mony Issued by the first four Acts
of 1709, 1711, 1716 and 1723 has been called in and
Sunk as was directed by the said Acts and all the
Paper Mony now Current in that Province is £60,000
Issued pursuant to the Acts of 1730 & 1733 and is now
worth about £35,300 Sterl:
This was laid before the Parliament
Report of Robert Dinwiddie to the Lords of Trade-
on the Trade of the British Empire in America.
[From P. R. O. B. T. Plantations General, Vol. X, N 45.]
A Computation of the Value and Trade of the
British Empire of America; As also, An
Account of the Number of Fighting Men
in each Colony or Plantation. By Rob*
Dinwiddie Esqr and by him presented to
the Board April 29* 1740
To the Right hon'ble the LORDS CpMMiss1? for
TRADE and PLANTATIONS.
MY LORDS'
I have been at a great deal of Trouble and Expence
to inform Myself of the Trade of his Majesty's Ameri-
can Empire, and the annuall amount of the National
Produce of each Colony or Plantation : I give You the
following Thoughts, Observations and Calculations,
which is partly from my own knowledge and from the
best informations I possibly could get; If it's thought
worthy your Notice, it will fully ans' my hopes. I
shall therefore, to make it Somewhat regular, first,
First — Give You an Account of the number of Ves-
sells belonging to his Majesty's Subjects in America,
84 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
distinguished by each respective Colony, beginning
with Newfoundland and ending with Barbados.
Secondly — An Account of the number of Vessells
belonging to Great Britain and Ireland trading to the
American Colonys and Plantations.
Thirdly — An Estimate of the Value of the Vessells
belonging to America, and those trading from Great
Britain and Ireland thereto.
Fourthly — An Account of the Amount of the
naturall Produce of each Plantation by the improve-
ment and manufacturing of the British Subjects in
those Parts.
Fifthly — An Estimate of the amount of Goods from
Great Britain and Ireland annually carried to the
Plantations in America, and to the Coast of Guinea.
Sixthly — The amo! of Cash, Dye Woods, Druggs,
Cacoa &c: brought into our Plantations, being the
Consequence of a Trade with Spanish and French
Colonys.
Seventhly — The whole brought into an Account, by
which You will be able to observe the considerable
Value of our American Trade.
I then shall endeavour to give an Accof of the num-
ber of Subjects in each Colony fitt to carry Arms, this
entirely from Information, and then the Account of
Slaves used in the Sugar Plantations, their Value and
Value of the Works &? necessary for Sugar Planta-
tions.
First — Is Account of the Vessels belonging to his
Majestys Subjects in America distinguished by each
Colony, beginning at Newfoundland and ending at
Barbados
Vessells
Belonging to Newfoundland, 25
The Government of New England Vessells of } _
different Denominations used in foreign Trade \
In the Same Governm* intirely employed in )
Fishing and Coasting being Sloops & Schooners )
1740] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 85
In Connecticutt and Rhode Island in foreign Trade 260
In Ditto used in Fishing and Coasting Sloops )
and Schooners - - - j
In New York and Jerseys, in foreign Trade and )
in Coasting &c: \
In Pensylvania and the lower Countys - 70
In Maryland - 60
In Virginia - 80
In North Carolina - - 25
In South Carolina 25
In Bermuda - 75
In Providence and Bahama Islands 20
In Jamaica 30
In Leeward and Virgin Islands - 35
In Barbados - 20
2035
You'll Please to observe there is two thousand and
thirty five Sail of Vessells of all Dimensions and
Denominations, belonging to his Majesty's Subjects in
America, which, I believe, is rather under than above
the exact number, But must notice that upwards of
five hundred of them are small and used in the Fishery
and Coasting Trade, which will be noticed when we
come to the Valuation of them.
Secondly — Here follows the Account from informa-
tion of the Ships &c: Trading to and from America
belonging to Great Britain and Ireland distinguished
by the Trade they are concerned in.
VecMli
To Newfoundland with the Fisherman and those |
employed in^carrying Fish to the diff? Markets f
To New England and Nova Scotia 20
To Connecticutt and Rhode Island 6
To New York and the Jerseys 8
To Pensylvania 10
To Maryland - - 95
86 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
To Virginia - 120
To North Carolina 30
To South Carolina - - 200
To Jamaica 100
To Leeward Islands - 151
To Barbados 80
900
Add to the above One hundr? and fifty Sail from
Great Britain and Ireland to the Coast of j- 150
Guinea, and so to the Plantations
1050
Thirdly — An Estimate of the Value of the Vessels
belonging to the Subjects of America, and Those
belonging to Great Britain and Ireland Trading to the
diff' Colonys &c:
1065 — Ships, Snows and Brigantines be-~]
longing to the American Subjects I -• O/>K 0™
trading to foreign parts, valued at f
a medm £1000 Stf each is
. 970 — Sloops and Schooners of smaller Size }
and Burthen, valued one w1!1 the j- .388,000
other at £400 Stf each is )
.900— Ships, Snows &°. from Great Brit? }
and Ireland to and from the Plan- > 1,080,000
tations, valued at £1.200 each
.150 — Ditto from Great Britain and Ire- 1
land to the Coast of Guinea and ',
the Plantations, with extraordinary {
Outfitts £1500 Ea: - - - J-
3,085 Sail %. £2,758,000
Fourthly — An Estimate of the Natural and Improved
annuall Produce of his Majesty's American Colonys
and Plantations, distinguished into each Colony or
Plantation.
Newfoundland by Fish and Oyl - - £100,000
1740] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 87
New England and Nova Scotia by Fish, \
Oyl, Whalebone, Cattle, Lumber Pitch, V 800,000
Tarr,Turpintine, Building of Vessels &c: ;
Connecticutt and Rhode Island, with the \
same Commoditys and Sheep, Corn, > 150,000
Bread, Flour, Cheese and Butter - )
New York and the Jerseys with the same, }
and Tarr, Copper-Ore, Iron and Wheat \ 5°'(X
Pensylvania and the Lower Countys the )
Same & Tobacco 280>000
Maryland, in the Same - 200,000
Virginia in the Same, with Pitch, Tarr, & )
Turpintiue - } 250'000
North Carolina in the Same - 60,000
South Carolina in D? with Rice, 200,000
Bermuda, in Plett, Live-Stock, Fish. Oyl, /
Cabbage, Onions, & Stones for building ( l°'0(
Bahama Islands in Salt, Timber, Plank, }
Barke, Turtle Shell, Braz: wood & Fruit } 15'0(
Jamaica in Sugar, Mellasses, Rum, Cotton, "1
Limejuice, Ginger, Indico, Coffee, Al- \ 50Q OQ()
loes, Piemento, Turtle Shell, Mahogany f
Timber, and Plank
Antigua in the Same Commoditys - 250,000
Sl Christophers in Ditto - . 220,000
Nevis in Ditto 50,000
Mountserratt in Ditto - 50,000
Anguilla in Ditto 15,000
Tortola - in Ditto 30,000
Spsh Town in Ditto 15,000
Barbados in Ditto 300,000
3,745,000
Fifthly— The amount of the Value of]
Goods Ship't from Great Britain and I
Ireland to our British Plantations and j- 2,550,000
the Coast of Guinea is annually by Com- I
putation -
88 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
Sixthly — A Calculation of the amount of
Cash, Dye Woods, Druggs, Cocoa, &c: im-
ported to the British Plantations, being the
consequence of a Trade carried on to Spanish
and French Dominions in America. That
Trade in New England, Connecticutt and
Rhode Island in Dye Woods from Honduras,
Some Cash and Cacao amo': to yearly 100,000
To New York (circa) 25,000
To Bermuda 10,000
To Jamaica - 250,000
To Leeward Islands (circa) - 20,000
To Barbados (circa) - - - 20,000
£425,000
It's to be observed that as this is the Produce of
foreign Colony's, it's mentioned by itself, to Shew the
amount of that private Branch of Trade, and tho' it's
carried on with Goods from Britain and Negroes,
which is before considered in the Calculate, yet it's
conceived, that the addition of this will not over Rate
our American Trade.
Seventhly — The whole brought into an Account by
which You may See the Amount of the above Ameri-
can Trade.
The amount of the computed \7alue of the
Vessells trading in America, including
those belonging to the Merchants of )- 2,758,000
Great Brit" and Ireland being 3085,
which amo1? to
The Amo' of the Natural and Improv'd \
Produce of the British Colonys, which ^ 3,745,000
employ the above Vessells
The amo' of Goods from Great Britain and \
Ireland to the Plantations and Coast of }• 2,550,000
Guinea annually
1740] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 89
>n to \
iu in V
The Amo' of a Casual Trade carried on to
the Spanish and French Settlem** in }• 425,000
America annually (circa)
£9,478,000
You will please to observe that the whole Trade to
and in America, belonging to his Majesty's British and
American Subjects (Hudson's Bay only excepted)
amounts yearly to Nine Million four hundred and
seventy eight thousand pounds; This includes the
Value of the whole Navigation, the annual Supplys
from Great Britain and Ireland, the Naturall and
Improved Produce remitted to Europe from the Plan-
tations and Colonys, as well as the Supplys given each
other by their Traffick and Commerce from one Colony
or Plantation to the Other.
I now come to give an Account of the number of
fighting Men in the British Empire in America, dis-
tinguished by each diff1 Colony and Plantation,
including his Majesty's regular Forces as well as Pala-
tines, Germans &c: the Calculate is taken from the
Years of Sixteen to Sixty, by Informations given me
from each Colony and Plantation.
In Newfoundland 400
" New England and Nova Scotia" 38,000
** Connecticut and Rhode Island - 8,000
" New York and the Jerseys 10,000
'* Pensylvania & the lower Countys 50, (MM)
" Maryland 10,000
" Virginia 12,000
" North Carolina 2,000
" South Carolina 4,000
" Georgia • l,ooo
" Bermuda 800
" New Providence - 450
" Jamaica - - » - 5,000
90 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
In Antigua 2,200
" Mount Serratt 600
" Novis - 600
" Sl Christopher's - 1,200
" Anguilla 150
" Spanish Town 150
" Tortola 200
;' Barbados - 4,500
151,250
I believe there is not less than One hundred thousand
Negroes in the Colonys on the Main of America.
I presume it will not be disagreeable to give You a
Small Detail of the Charges attending the Sugar
Islands in Planting and Manufacturing their Sugars;
as their Charge in Negro Slaves is the greatest of their
Expense, I shall hereafter give You the Numbers from
the exactest Accounts, and that distinguished by each
different Plantation or Island.
Jamaica has Negroes 90,000
Antigua 28,000
S* Christophers 20,000
Nevis 9,000
Mount Serratt - 9,000
Virgin Islands
(viz?) Anguilla 800 )
Spanish Town TOO V - 3,000
Tortola - - 1,500 ) Barbados - T2,000
231,000
You'll please to observe there are two hundred and
thirty one thousand Negro Slaves belonging and
employ'd in the British Sugl" Colonys, which being
valued at £20 Stf P head amounts to £4,620,000. The
Value of their Sugar Works, Mills, Stills, Worms,
Horses, Cattle, and all oth* Necessarys belonging to
ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 91
a Sugar Plantation, may justly be valued at one third
the amount of the Negro Slaves, w*lh at that Calcula-
tion amounts to £1,540,000, which added together
makes £6,160,000, which is the Value of the Sugar
Plantations, abstract of the Soil.
Upon the foregoing Observations and Calculations,
I believe, You will think that the British Empire of
America is of inestimable value to the Nation of Great
Britain. Please to observe the Trade and Fishery of
America, abstract of Hudson's Bay, employs 3,085 Sail
of Vessells of different Denominations and Burthen;
allowing eight Men to navigate each Vessell, there is
employ'd in that Trade only; 24,680 Mariners, which I
think is a fine Nursery for our Sailors.
As for the Revenue arising from the American
Trade, I must referr to those that are acquainted with
the Receipts thereof.
If the foregoing l)e acceptable and agreeable to You,
it fully answers my intent; if any Errors in the Calcu-
lations, its wholly owing to my Informations, tho' I
have reason to think it's pretty Just; but that and the
whole is entirely submitted to your Superior Judg-
ment, and I always am with Gratitude and Duty
Your Lordships Most Obedient Humble Servant
London April 1740 ROB? DINWIDDIE
Arguments of Richard Partridge — relating to the
Paper Currency in America.
[From P. R. O. B. T. Plantations General Volume 11, N. 47.]
Relating to the Resolutions of the House of
Commons about Paper Currency.— Argu-
ments urg'd to Sam! Sandys & Alexf Hume
Cam'bell Esq™
30? April 1740.
That the Kings Proclamation & Orders to the Sev-
92 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
eral Governors of this [His?] British Plantations in con-
sequence of the Addresses of the House would be very
prejudicial & tend to putting the said Plantations into
great confusion for the following Eeasons. —
For that should the Proclamation be Issued for
reducing Gold & Silver Coin agreeable to the
Proclamation of Queen Ann viz to 6-10? p oz. for
Silver the consequence would be (if it took effect)
that all Comodities would unavoidably Sink in pro-
portion thereto which would very greatly affect
contracts for Goods already sold to the ruin of many—
to the prejudice of the Merchants Here in Engl? as
well as ye people there That people not having the
privilidge of Coining any Money are under a necessity
of a medium in Trade to carry on their Comerce;
all Gold and Silver passing there as Merchandize
are brought [bought?] up to make returns for Goods
imported from Great Britain they being constantly in
distress for want of a sufficient Supply of Such Com-
modities as are suitable to send over to pay for the
Goods that are annually sent them from hence, &
consequently the people there are allways greatly in
debt to Great Britain which makes the Ballance of
Trade in favour of the latter and that will naturally
drain away all the Gold and Silver from amongst them
That should the people in ye plantas be prohibited from
Issuing Paper Money (without which they cannot
carry on their Commerce & Trade) it would yet great-
ly distress them, be the Ruin of many Familys & be a
vast hurt to the several Governments, for if the in-
tended proclamation & the Roal [royal?] order of prohi-
bition take Effect the consequence would be that as all
Landed Estates would Sink to one Fourth part of the
value, the Paper Bills now currant would be of course
equal to Gold & Silver— 20s in Bills would be worth 20s
in Gold & Silvr
The said Bills when first Issued were Lent out on
1740] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 93
Land Security on the like or the following manner
viz. to a man whose Estate was worth £1BOO they
lent £1200 of those Bills at 5 P'Cent Interest to tje re-
paid in 7 or 10 years time, or at a certain Period of
time, at which time the Bills were to be called in &
Sunk with the money so repaid in to the Goverment &
more Issued on the same foot: but in the meantime
out comes the proclamation & Royal Orders whereby
the Coin is reduced, the Estate sinks in Value from
£1600 to £400 so that the proprietor loosses his whole
Estate because he took up £1200 upon it, which the
Government has the mortgage for, the mortgagor is
therefore Ruined & the Colony looses £800, out of the
£1200 they lent, & must be yet oblig'd to buy up their
Bills at the period of time for calling them in, which
would greatly distress them & put them as is before
said into the utmost confusion.
That as to the Charter Governments they have from
the encouragement given them by their Charters
(Pticularly Rhode Island for whom I am concern'd)
Cultivated & Improved a Wilderness Country, & de-
fended it at the hazard of their lives & Estates from
the Native Indians without a Shilling Expence to the
Crown (tho' its well known other Colonys have cost
this nation many Thousand pounds) that they have
the privilige of making Laws among themselves for
the good ordering of their Governments so as they
are not Repugnant to the Laws of England without
being obliged to transmit them home, which privilidge
they have now enjoyed for a great number of years, &
I hop'd that the Commons of Great Britain all ways
tender of Liberty & Property will not now deprive
them thereof, especially seeing they are already Crampt
in their Foreign Trade & are of so great advantage
to this Kingdom, by taking off annually considerable
quantitys of its manufactures, — and then I particu-
larly'described and Set forth the nature & different
94 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
manner of their making returns from the plantations
to pay for those Manufactures &c?
And that as to the rise in the Exchange I did not
apprehend it was owing to the Emission of Bills of
Credit as has been Suggested, for in Pensilvania New
Jersey & New York, they have Emitted considerable
quantitys & yet the Exchange there had not advanc'd
40 P Cent this 20 years, but that the occasion of so
great a difference in the Exchange between New Eng-
land and Great Britain was from quite another Reason,
as that they were so constantly overloaded with
Goods from England & always largely in debt for want
of a Supply of Returns sufficient to pay for them,
that the Factors were so eager in buying up whatever
Comoditys was brought to Market Suitable to be sent
home as fast as ever they came, that they bid one
upon another & thereby enhanced the prices one upon
another which of course will enevitably raise the price
of Silver & Gold & that is certainly what governs the
Exchange.
Report to the Lords of Trade from the Committee of
Council, with draft of an additional Instruction
to the Governors of the Plantations in America.
To the Right Honb|e the Lords of the Committee
of his Majestys most Hon.1?6 Privy Council.
My Lords,
Pursuant to your Lordships Order of the 1st Instant
We have reconsidered the Dra* of the Additional In-
struction to the respective Governors of his Majesty's
Colonies & Plantations in America, requiring and
commanding them to observe his Majesty's Royal In-
1740] ADMINISTRATION OP GOVERNOR LEWIS MOHRIS. 95
structiori which directs, That the Act of the sixth of
the Reign of Her Majesty Queen, Anne, Entituled, An
Act for ascertaining the Rates of foreign Coins in
her Majesttfs Plantations in America, be punctually
& bona fide observed and put in Execution; And also
his Maj1?'8 Royal Instruction to the respective Govern-
ors not to give Assent to, or pass any Act, whereby
Bills of Credit may be issued in lieu of money, without
a Clause be inserted in such Act, declaring that the
same shall not take Effect until the said Act be ap-
proved by His Majesty; and herewith take Leave to
lay the said Draught of an Additional Instruction be-
fore your Lordships, as we have altered the same,
We are, My Lords
Your Lordships &c. &c.
Whitehall R PLUMER MONSON
July 9th 1Y40 AR: CROFT. M. BLADEN
ADDITIONAL INSTRUCTION to Edward Trelawney Esq?
Gen! and Governor in chief of his Majesty's Island of
Jamaica, & the Territories depending thereon in
America; Or to the Commander in Chief or the said
Island for the time being. Given at Whitehall the
day of 1740. In the Year of his Majesty's
Reign.
WHEREAS an Act of Parliament was past in the 6l.h
Year of her late Majesty Queen Anne, Entituled An
Act for ascertaining the Rates of foreign Coins in her
Majesty's Plantations in America, which Act, the re-
spective Governors of all the Plantations in America
have, from time to time, been instructed to observe,
and carry into due Execution; And Whereas notwith-
standing the same, Complaints have been made that
the said Act has not been observed, as it ought to have
been, in many of his Majesty's Colonies & Plantations
96 ADMINISTRATION OF GOVERNOR LEWIS MORKIS. [1740
in America, by means whereof, many indirect Prac-
tices have grown up, & various and illegal Currencies
have been introduced in sev! of the said Colonies &
Plantations, contrary to the true Intent & Meaning of
the said Act, and to the Prejudice of the Trade of his
Majesty's Subjects. In consequence of which Com-
plaints, an humble Address was presented the last Ses-
sions, by the House of Commons to his Majesty, That
be wou'd be graciously pleased to require & command
the respective Governors of his Colonies & Plantations
in America effectually to observe his Majesty's Royal
Instruction, directing them, That the Act of the 6th
Year of the Reign of her Majesty Queen Anne, enti-
tled, An Act for ascertaining the Rate of foreign
Coins in her Majesty's Plantations in America, be
punctually & bona fide observed and put in Execution
according to the true Intent and meaning of the said
Act. It is therefore His Majesty's Royal Will & Pleas-
ure, And you are hereby strictly required and com-
manded, under Pain of his Majesty's highest Displeas-
ure, and of being removed from your Government, to
take the most effectual Care* for the future, that the
said Act be punctually and bona fide observed and put
in Execution, according to the true intent and Mean-
ing thereof.
And to the end that his Majesty's Commands here-
in may be fully made known to all his Subjects with-
in your Government; and that none of them may pre-
tend Ignorance thereof, you are hereby further re
quired and commanded to publish this Instruction in
such Manner as may best answer his Majesty's gra-
cious Intentions herein signified.
And whereas, for preventing the many & great In-
conveniences that had arisen in some of his Majesty's
Colonies & Plantations in America, by passing Laws
for Striking Bills of Credit, & issuing out the same, in
lieu of money, the respective Governors & Command-
1740] ADMINISTRATION OF GOVERNOR LEWIS MOURI8. 97
ers in chief of his Majesty's Colonies and Plantations
for the time* being, have been particularly instructed
not to give their Assent to or pass any such laws for
the future, without a Clause be inserted in such Act,
declaring that the same shall not take Effect, until the
said Act shall have been approved and confirm'd by
his Majesty his Heirs or Successors: And whereas
notwithstanding such his Majesty's Commanders [?J to
the said Governors in that behalf, Paper Bills of Credit
have been created & issued in his Majesty's said Colo-
nies & Plantations by Virtue of Acts of Assembly
there, making it obligatory on all Persons to take such
Bills of Credit, in payment for Debts, Dues & De-
mands, whereby the good Intention of the aforemen-
tion'd Act of the 6'.h of her late Maj7 Queen Anne, for
ascertaining the rates of foreign Coins in her Majesty's*
Plantations in Ameiica, has been frustrated, and a
great Discouragement has been bro' on the Com'erce
of this Kingdom by occasioning a Confusion in Deal-
ings and a lessening of Credit in those Parts: And
whereas an humble Address was presented, the last
Session, by the House of Commons, to his Majesry,
That he would be graciously pleased to require & com-
mand the respective Governors of his Colonies &
Plantations in America, punctually & effectually to
observe his Majl.y8 Royal Instructions not to give As-
sent to or to pass any Act, whereby Bills of Credit
may be issued in lieu of money, without a Clause be
inserted in such Act, declaring that the same shall be
approved by his Majesty:
It is therefore his Majesty's Will & Pleasure, & you
are hereby also further required & comanded under
pain of his Majesty's highest displeasure and of being
removed, from your Governm' punctually & effectually
to observe his Majesty's Royal Instruction not to give
Assent to or pass any Act, whereby Bills of Credit may
be issued in lieu of money without a Clause be inserted
8
98 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
in such Act, declaring that the same shall not take
Effect, until the said Act shall be approved by his Maj-
esty, his Heirs or Successors.
[N. B. A like Instruction (mutatis mutandis) was
prepared for the Governors of the other colonies and
West India islands.]
Letter from Mr. Carkesse, Secretary to the Commis-
sioners of the Customs — relative to a Glass House
erected in New Jersey.
[From P. R. O. B. T. New Jersey, Vol. IV, F. S7.]
To Thomas Hill Esqf Secretary to the Lords
Comis™ for Trade & Plantations.
Sir,
W. William Frasor Collector of the Customs at Salem
in West Jersey having informed the Commissioners,
that there has lately been Erected a Glass work within
Eight miles of that Port by one Casper Wester1 a
Palatine, and is brought to perfection so as to make
Glass: I am directed to give you an Account thereof
for the Information of the Lords of Trade.
I am Sir
Your most humble Serv'
CHA CARKESSE.
Custom h? London
31: July 1740.
1 CASPAR WISTAR was father of the Professor of Anatomy, Physician and Author,
who subsequently became distinguished in Philadelphia.— ED.
1740] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 99
Letter from Governor Lewis Morris to the Duke of
Newcastle — about the raising of troops in Neiv
Jersey.
(From P. R. O. America and West Indies, Vol. XII, p. 249. J
On his Majesties Service To his Grace the Duke
of Newcastle his Majesties principall Secre-
tary of State at White Hall These
Burlington 31"* August 1740
May it Please your Grace.
The short notice I have had of this Conveyance (and
wch its doubted whether I shall reach) give me only
time to inform your Grace that we have raised in this
Province three companies of one hundred men each
which have been compleated for some time. Had
Commissions come for Officers as was expected from
Your Graces letter and his Majesties Instructions I
could easily have rais'd two more: but no more commis-
sions being sent than for two companies prov'd a great
discouragement, and rendered it difficult to raise more
at this time that I have done.
I have got also from the Assembly £2000 for to hire
transports and purchase provisions but of this I shall
be more full when I transmit their Acts and proceed-
ings. They have Appointed Managers and as I am
told by them the provisions are purchased and trans-
ports hyred for their transportation & I am in hopes
we shall be ready to send them from hence about the
20l.h of September. I am
My Lord Your Graces most humble
and Obedient Servant'
LEWIS MORRIS
1 See " Papers of GOT. Morrte," p. 107.
100 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
Letter from Governor Morris to the Duke of New-
castle— upon New Jersey affairs.
IFrom P. R. O. America and West Indies Vol. 12, p. 230.]
Burlington October 1.8th 1740.
/•
May it Please your Grace
I receiv'd your graces of the 5th of Jan'ry 1739-40 on
the 10th of April following via Virginia, and on the 24th
of June via New York a Second of April ye 5th with
his Majesties Instructions concerning the Intended
expedition again"* the Spaniards in the West Indies.
Your Graces first letter came to hand upon the first
meeting of our assembly, and I recommended the affair
to them as your Grace will see at the end of my
Speech made to them at their meeting; whic1' comes
inclosed, and I afterwards published (pursuant to your
Graces direction) the inclosed proclamation, and upon
receipt of your Graces second letter with his Majesties
Instructions (the Assembly being then sitting) I com-
municated to them what his Majestie required of them,
and earnestly press'd them to comply with his Majesties
8th Instruction; as your Grace will see by my Speech
to them on yl head.
They could not handsomely directly deny what was
in so strong terms required of them, but was far from
having any inclination to do it; and would fain have
shuffled it off, under pretence of waiting to see what
their neighbours of Pensilvania, and New York would
do; and accordingly sent me a message desiring leave
to Adjourne for a fortnight. — I too well gues'd what
was to be expected from the Assembly es of either of
these provinces (as they then stood) to comply with
their requests in this case; which plainly appear'd to
me to be made with intent to evade the doing what his
1740] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 101
Majestie required of them; and belie v'd that if I per-
mitted them to Adjourne, and discover the inclinations
of their neighbours in York and Pensilvania, ye Conse-
quen" would be either that nothing would be done, or
much less than would be procured at a time when they
could not well know the Sentiments of those people;
and therefore wrote the inclosed letter in answer to
their message; and kept them together.
They then entred upon it, and sent up a bill for the
raising of two thousand pounds for transporting troops
&c w6.11 comes inclos'd with the others. This bill
instead of raising any money, only applied money al-
ready rais'd, and apply'd for the Support of Govern-
ment by other acts.
They omitted making provision for other necessaries
as required by the 8th Instruction, and made their
Managers only Accountable to y6 assembly; and (in
the opinion of the Councill) the whole bill was Very
confus'd and scarce intelligible; so that a conferance
was desired with them upon it, which with much ado
was Obtained; but without Effect; the assembly being
predetermined not to admit of any alteration to what
they were pleas'd to call a money bill; and it was sup-
pos'd that the true reason of drawing of it in the man-
ner it was done was to defeat the doing of the thing
required of them; because they eonciev'd neither the
councill, or I, could, or would assent to it in the man-
ner drawn, however, the councill (for reasons that will
appeare to your grace in their minutes) chose to assent
to it rather than lose ye bill. I had talk'd with severall
of them, who seem'd to agree that the amendments
proposal were reasonable, & I had still hopes y1 they
might be prevailed upon to come into other measures;
& therefore (after the councill had agreed to the bill)
1 adiournd for about a fortnight to get in their harvest
thinking that might gain upon them and on their
meeting Spoke to them as your Grace will see by the
102 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
inclosed; but without Effect: for they would not de-
part from the bill they had drawn nor come into
the making a Law against mutiny and desertion
which in his Majesties name I recomended to them,
finding all the methods in my power ineffectual! to get
a bill of a better forme, I consented to it as they and
the councill had pass'd it; at the same time declaring
against its being brought in future times for a
precedent, as your Grace will see by my Speech at the
prorogation of them.
I have raised three companies, and could easily
have raised five had a number of blank commissions
been sent, as was expected from, your Graces letter
and his Majesties instructions; but there coming no
more than two for this Province rendred the raising
more than three companies impracticable at that time.
These companies are all (but about eighteen or
twenty men) raised in the Eastern division of new
Jersie, and I am told not above three servants amongst
them and those no long time to serve.
Your Grace will see by what comes with this the
difficulties I have had to prevaile upon our assembly to
come into the doing of any thing with respect to the
transporting the forces rais'd here and finding them
provisions, which they left no craft they were masters
of unessay'd to avoid; and I was under a necessity of
assenting to their bill against my own inclinations
rather than lose the use of £2000 for that purpose,
which cost them not one groat; but, was part of what
was Appropriated to ye Support of his Majesties gov-
ernment: But it being for his Majesties service as
things were then circumstanced, I humbly hope his
Majestie will be graciously pleas'd to approve of my
conduct in that case.
I have at last sent these companies off, one under
the Command of Captn george Thomas & his Officers,
another undr the command of Cap1 James Hooper and
1740] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 103
his Officers, to whom I gave the two commissions sent
me by Coll0 Blakeney, the third under the command
of Capt" Robert Farmer and his Officers, to whom I
gave by Coll0 Blakenys direction Certificates that they
might recieve commissions from Lord Cathcart at the
place of Rendezvous in the West Indies. Hoopers with
part of Thomas's company sailed from Sandy hook
with Coll0 Blakeney on the twelth past, Thomas and
Farmer with the rest Sayled from hence on the 14th in
Order to Joyn them at the Capes of Virginia; that be-
ing the place they were directed to be sent by Coll0
Gooch.
The £2000 appointed here to transport these forces
was not sufficient for the purpose intended, and ren-
dred it very difficult to be done; the people here (from
some.conduct of those concern'd in the time of Queen
Anne relating to the Canada expedition some of the
bills drawn then remaining (as is said) long unpay'd
(if as yet paid) or for what other reasons I know not)
are veiy diffident of Government bills, or pretend to
be so; and what adds to the difficulty, is the Scarcity
of Currency viz paper bills, w** here are hardly suffi-
cient for Ordinary concernes; for, Such of them as the
industrious husband men recieve for their grain and
other produce, is generally hoarded in Order to make
purchases of Ijand for their children, vfk lessens the
currency; But, were they all currant and would serve
for Ordinary Occasions, yet such quantities of them as
would be necessary on such an extraordinary Ocasion
as this are not in the hands of Merchants here & can-
not be procured in York, or Pensilvania but with much
difficulty; however, with much ado I have got it done,
on the promise of drawing for what the charge
amounted to more than the £2ooo; but, how much
more it has ammounted to I do not know, the accounts
being not Sent in .
One third of the western diversion [division*] (which
104 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
lyes upon the Delaware) being of the people call'd Qua-
kers makes it more difficult to raise men in that part
than in the Eastern where their numbers are inconsid-
erable; and they cannot consistant with their Princi-
ples encourage any thing that relates to War, even a
defensive one; which will render Pensilvania, and this
part of this Province an Easy Prey to an Enemy, & of
dangerous consequence, if some measures be not fallen
upon to prevent it; which it will be impracticable to
do by any militia, or other Act here or m Pensilvania
where those People are admitted to have a share in
Legislation. They are generally a laborious, honest
& Industrious people, but want not their share of
craft; and are unaccountable Obstinate and tenacious;
wc.h Joyn'd with their principle of non resistance
whether reall or feignd, and their refusing to take or
administer an oath being inconsistant with Magistracy,
renders them not so fit as they otherwise would be to
b: admitted into assemblyes and offices of Govern-
ment; and in case of having a militia very difficult to
be governed.
About thirty yeares since there was a militia act in
force here something better calculated for the purpose
than that now in use which those call'd Quakers
would by no meanes (on pretence of conscience) Obey;
and while they were unmolested & not distraind on —
laugh'd at those who did; this made others murmur
who were oblig'd to trayne and muster, and encour-
aged their refusing to do so; they clayming as much
right to an exemption from trayning as the Quakers.
This being Judg'd at that time inconvenient, the Offi-
cers were Ordered to make distresses pursuant to the
Act; and (not being Quakers) perhaps put it in execu-
tion with more vigour than they should have done.
This was call'd persecution for conscience Sake, and
the Quakers grew fond of what they call'd suffering,
and gloried in the doing so, calling it a suffring for
1740] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 105
the Lords sake; Stores were filled with distrain'd
goods, such as hats, shoes, coats, breeches, saddles
bridles &c, but no body would buy them when offred
to sale; and the governours residing most of their time
in New York, the reines of Government were held
with so slack an hand that trayning has been in A
manner disus'd, there having been none ever us'd in
Pensilvania.
The Officers that were here are most of them dead
and its difficult to get others to supply their places in
a part of the country where millitary offices will be
^troublesome to those that have them, and their quaker
neighbours disgusted at the Officers for being such,
unless they leave quakers intirely unmolested & the
Act uncomply'd with in their case.
This is the state of defence of the western division
of new Jersie which lyes open upon the Navigable
river Delaware for about 150 miles and between 70
and 80 upon the Sea coast.
In the Eastern Division of this Province the case is
somewhat better, they have trayn'd much Oftner, tho'
but seldom, there are five regiments there of Millitia.
& I am in hopes to get two or three troops of horse:
and in some time to get them into some better Order
than they have been for many yeares: but, they have
been so long and so much neglected, the militia Act so
deficient and Armes so much wanted, that it will
require time to do it
Your Grace will see by the minutes of councill here-
with sent that I have Suspended three of the councill
by the advice and consent of that board : two of them
were discharged at their own desire; and one of them
for not Attending I had before that discharg'd another
viz John Schuyler at his own desire.
This Schuyler is part owner with his two brothers
of the famous Jersy Coppermine, and is Intrusted with
the management of it, he had often earnestly press'd
106 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
me to be discharg'd, protesting he could not attend the
councill without the greatest prejudice to his private
affairs, which indeed I believe was true, but I was loth
to discharge him, because he was a man of good sence
and great interest in his neighborhood and withall
firmly in the interest of the present Government;
however, his attendance at the distance from his habi-
tation at the places that I am to hold councills And
assemblyes in being of so great hurt to his private
affaires I at last consented to dismiss him. Your
Grace may observe by the minutes that I had but once
Seaven councellors together, and that three times I
had Six; but besides these times could never get above
five of them together — Sometimes four, but offner
onely three. John Wills one of those who desired to
be dismiss'd is an Old Quaker of above four score and
goes double he Dwells about Six miles from this, and
would not attend the councill becaused they had hyred
a room to sit in about twenty rod farther from his
lodging than he would have had it, and finding they
persisted in using the room they had hyred, came to
take his leave of me & told me he was no longer able
by reason of his Age and infirmities to attend the
councill & I willingly consented to his departure. Van
Home declin'd comming as much as he could, *but
finding the councill insisted on his presence and had
sent an Officer to bring him, desired to be dismissed
wch j; granted. Provoost the third suspended would
not attend tho an officer was sent for him; & indeed
had all attended that are dismiss'd none of them but
Schuler would have been of much use to me or the
Publikk.
Your Grace may see that I have b-aen by the non
attendance of the members under a necessity of acting
with a very thin Councill which is inconvenient and a
meanes of bringing that part of the Legislature into
contempt, which the conduct of these dismiss'd had
1740] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 107
they not been suspended would not have a little con-
tributed to, they being very unequall to the charge
they had undertaken; but had they been as well quali-
fied for these stations as men could be, yet the distance
of their habitations from each other and from Amboy
or Burlington where (by the present constitution) I am
to hold assemblyes, makes their attendance very
inconvenient to themselves; and that, with their not
having any allowance but when the assembly Sits,
and then a very Small one, are the causes that I can-
not easily get a councill together when there is Occa-
sion for them. To make it easy to them I condesended
to have quarterly meetings with them unless matters
of great moment required their attendance sooner; but
notwithstanding this they have not attended.
The councill by these Suspentions were reduced to
Six inhabitants of Jersey, and one (viz James Allex-
ander) of New York, who being building there has not
attended (I think once) but upon his own busines
either the late or former Sessions of the assembly; so
that pursuant to his Majesties Instructions I named
one viz Peter Bayntbn of this place to make up Seaven
residents in this Province. He is A man of Superior
Sence to most here has a good estate, is a considerable
trader hereabouts and is heartily well affected to the
present Government. He was by the Assembly named
a trustee for the hyring ships and buying provisions
for transporting the troops raised here, and the Only
one that was not a member of their house, which I
question if they would have done, had they in the
least suspected that I would have Appointed him to
have filled up the deficiency of the councill; and to
this Mr Baynton it is chiefly if not solely owing, that I
have been able to send these troops off, he having
advanced much on that score; the other trustees
appointed by the Assembly acting (either by chance
108 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
or designe) as if they meant to retard, if not defeat
the Enterprise.
The holding of Assemblys alternately at Amboy,
and Burlington, & keeping two Secretarys offices,
proves very inconvenient both to the officers of the
Government, and the People; the assembly Acknowl-
edge it to be so, tho' they will not Agree upon the one
place to fix the seat of Government in, but have left
the nomination of that to me; which I have hitherto
declined doing.
Perth Amboy named from the Earle of Perth who
follow'd the fortunes of the late King James, is a poor
inconsiderable place; and there is little probability of
its being much better. The Town or City of Burling-
ton, whose inhabitants are mostly quakers far exceeds
the other; but was neare as large twenty years since
as now, and there is little likelyhood of its growing
much larger.
They are both Inconsiderable places and like to re-
main so; neither of them fit for the seat of Govern-
ment, nor so conveniently Scituated for that purpose
as some others.
It would be a great convenience to the People in
generall, and to the Governours and Secretaries for the
time being, and officers of the government, to have it
fixed to Some one place; and therefore I humbly hope
his Majesties will be graciously pleas'd to permit the
doing of it, notwithstanding the Instruction of hold-
ing of the Assemblyes alternatively at Amboy and
Burlington, which tho' they were the most convenient
places fourty yeares Since, when the Surrender of
this Government to the Crown was transacted, are by
no meanes so at this day, or likely ever to be so; nor
is the Scituation of the Landed Interest of those who
made that surrender, and which induced them to pro-
pose the alternate Sittings in those two places, the
same now as then, but quite different; and the reasons
for their doing so not subsisting at this time.
lt40] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 109
The order of the councell as they now stand, and
their numbers in each Division are as follows, viz
/
their Rank for the Eastern Rank for the Western
Division. Division.
1 John Hamilton -2 John Reading
3 James Allexander, who 3 |4*] John Rodman,
resides at New York. 5 Richard Smith »"
6 Robert Hunter Morris
7 Fenwick Lyell S Peter Bayntou appoint-
ed by me and makes the
71.'1 Residing C1ouncellr
As the Councell Stood in his Majesties Instructions
to me, there was Eight of the Eastern, and but four of
the western division, at which those of the western di-
vision seem'd to express some dissatisfaction; but, by
the death of Mr Hooper, and the dismission of the
others, if his Majestie approves of it, and of the nomi-
nation of Mr Baynton they are now equall, or rather
superior; Mr Allexander rarely (as yet) attending. — If
they stand as they do, there will still two be wanting
in each division to make up the Number of twelve in
the whole. — In the western Division there are not so
many fit for that Station who dwell conveniently to
be got together (that are not quakers) as in the East-
ern ; and it being difficult (even as they now Stand to
get a councill to meet, I humbly recommend Archi-
bald Home the Deputy Secretary for one of them: his
Office as clerk of the councill obliging him to A Con-
stant attendance, and will render the having a full
councill more practicable than it has hitherto been;
but, how far your Grace will think it fit, that he
Should rise in rank, in case of death, dej arture, or
Suspention of other (he not desiring or expecting it) is
Submitted.
The other I presume to recomend for this western
110 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
division is John Allen the present Treasurer of it. I
well know the man he has the character of a very hon-
est man.
As to the Eastern division, the generall proprietors
of the Soyle Seem to expect a Share with others in the
Administration and its said some of them are some-
what uneasy on that score, to take off any uneasyness
of that kind I recomend Richard Ashfield who ownes
A whole proprietie or 24th part of the Eastern Division
& something more. I take him to be an honest man
and very firm in the Interest of the present Govern-
ment; as indeed are all I recom'end The other Vacancy
in the Eastern Division I recommend to be fill'd by
Edward Antill; he is a man of good Estate & Sence,
and if admitted to that board, I hope and believe will
prove an usefull and deserving member of it. But this
and every thing Else Propos'd by me is most humbly
submitted by My Lord
Your Graces Most Obedient and
most humble Servant
LEWIS MORRIS.
[The Collections of the New Jersey Historical So-
ciety, Vol. IV, published 1852, contains all the cor-
respondence of Governor Morris, preserved in the
library of the Society; it will be found, therefore, that
it has been deemed unnecessary, with very few excep-
tions, to reproduce in this series the documents con-
tained in that volume; as a reference to them there,
attended, as they are, by much explanatory matter,
will be of greater service than the documents alone
would be if reprinted here. — ED.]
1740] ADMINISTRATION" OF UOVKKN'OK LEWIS MORRIS. Ill
Communication from Captain Thomlinson to Secre-
tary Thomas Hill — inclosing Schemes for put-
ting the paper money in America on a better
footing.
I From P. R. O. B. T., Plantation* General, No. 11. N.49.]
To Thomas Hill Esqr at Whitehall
Sir
Since I had the Honour of Waiting on the Lords
Commiss™ for Trade & Plantations on the affair of
Paper Money in America, I have turn'd my thoughts
that way, And indeed I think it is a most dificult affair,
and of no less consequence to the plantations and all
of us that are concern'd with them, Therefore I have
inclosed you the outlines of a Scheme, that may very
easily be earned into execution, and for anything I
can yet See, If it is duely Executed may produce a
general good.
If their Lordships think it worthy of Consideration
and any thing therein Should want to be explain'd, I
will upon the least notice wait upon their Lordships,
and am with great Truth.
Sir Your most obed1 humb1 Servt
Great Trinity Lane JOHN THOMLINSON
129H' Octr 1740.
For want of a Staple in our Northern American
Colonys, it is Impossible for Silver or Gold to continue
to be a Medium, Therefore Somthing else must be
Substituted in it's Stead.
And I humbly apprehend what in such case is now
to be done is,
First, To call in all the outstanding Bills of Credit
112 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
in those Colonys, at the appointed time, in the easiest
and best manner.
Secondly, To proportion a Sum for the Currency of
each Colony, Sufficient to Carry on the Trade and
Business of the Said Colony.
Thirdly, To put that Medium upon Such a founda-
tion that it's value shall not alter, but Shall continue to
hold the Same proportion to Sterling Silver so long as
it shall be allowed to pass.
Fourthly, To reduce or bring the Currency as near
Proclamation Money as possible, and in the easiest &
Best Manner.
—Now the Method I would propose for doeing all
This, is as follows
I would Suppose a Colony whose Taxes amounts to
about £3000 pr An™ Bills of credit at the present rate
of 28s per ounce Sterling Silver, and the Sum of £67275
of the Same Bills of credit would be a Currency Suffi-
cient to carry on the Trade & Business of the Said
Colony.
1st That £67275 in Bills of Credit, at the rate of 28s
proz SterB Silver Should be Struck off, from Bills of Is
to Bills of £5 (as usual) to be a currency for Twelve
Years, and no longer;— And That £24000 of Said Bills
of Credit Shall be emed'ately Signd, and lent out upon
good Land Security, not more than £1000 to any one
person, or less then £100. and at the rate of 5 prCent
pr annum Intrest, The principal to be paid inn at four
equal payments, Viz1 J part at the end of Three years,
i part at the end of Six years, i part at the end of
nine years, and the remaining £ at the end of Twelve
years, And no other Bills of credit whatsoever Shall
be taken or received for Taxes, intrest or principal,
but Bills of credit of this Tennor, or Silver coin after
the rate of 28s pr Oz.
2d And on all payments of Taxes intrest or princi-
pal pun[c]tually made in these Bills of credit, An allow-
174:0] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 113
ance Shall be made to the persons making Such pay-
ments of 2£ pr cent discount, But upon all payments
made in Silver at 28s pr oz no discount Shall be made.
3d And besides £24000 lent upon good Land Security,
all other Bills of Credit outstanding in the said prov-
ince, Shall be brought inn in Six Months time and ex-
changed for Bills of credit of this New Tennor, or
Shall be lost to the Possessor. And the remainder of
the s(1 £67275 Shall remain in the Treasury, to be signd
and issued out as the Necessitys of the Province Shall
require.
4. And at the end of Six Years after the first Em-
mission of the aforesaid £67275 Bills of Credit, at
which time more then half the Said Sum will be
brought in and sunk, by the Taxes Intrest & principal
being duely paid, (as by the Annexed Scheme) There-
fore, that the Said Province may Still be Supplyd with
a Sufficient Medium to carry on the Trade of ye said
Province, I would propose that the Sum of £24862. 10
Bills of Credit, at the rate of 14s pr ounce Sterling Sil-
ver be struck off, And that £12000 of said Bills of
Credit be emeadiatly Sign'd, and lent upon good Land
Security, not more to any one person then £500 or less
then £50 and at the rate of 5 pr cent pr annum and this
second Emmission to pass and Opperate for Twelve
years, and no longer, in the same manner as the
former.
5 And after the Expiration of the Twelve years for
which the first Bills of Credit at 28s pr ounce were em-
mitted, If any of ye Said Bills Should be then out-
standing, the Bearer or Bearers of Such Bills shall
have Six Months, and no longer, Allowed to bring
them into the Treasury, & have them exchanged for
half the nominal Sum of Bills of credit of the Second
Emmission.
6. And at the end of the Same Twelve years, when
all the Bills of Credit of the first Emmissiou Shall be
9
114 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
Brought in and Sunk, and allso near half of the Sec-
ond Emmission will be Brought in and Sunk, There-
fore that ye Colony may Again be Supplyd with a
Currency, Sufficient for The Trade Thereof, I would
propose £12431. 5. 0 Bills of Credit, at ye Rate of 7s
pr ounce Sterling Silver Should be Struck off, and
£6000, of said Bills be emeadiatly Sign'd and lent up
on good Land Security and this Third Emmission to
pass and opperate for Twelve Years and no longer in
the same manner as the Two former,
7 And thus the Currency will be Brought as near
proclamation Money as possible, And as I conceive in
the easiest and Best manner, & by a due Execution
hereof, Everything at first proposed will be effected in
Eighteen Years.
8 And then to prosecute this Scheme further, even
for ever, a new Emmission of Bills of Credit at the
pate of 7s pr oz Sterling Silver every Six years, To be
Brought in and Sunk in Twelve Years, as in the An-
nexed Schemes will prove effectual,
9 And this Scheme may Serve any other Colony by
proportioning the Sums to the Taxes and Currency of
Such respective Colony.
The Form of Such Bill of Credit
Five pounds &c &c at 28s proz Sterling Silver £5. 0. 0.
This indented Bill of Five Pounds due to the Posses-
sor Thereof from the Province of shall be in
value equal to Silver of Sterling alloy at Twenty eight
Shillings pr ounce, and Shall Accordingly be Accepted
by the Treasurer and Receivers under him, in All pub-
lick payments, from And after the day of
which will be in the Year of Our Lord 1741 to the
day of which shall be in the Year of our Lord 1753
and no longer
By order of }
) Commmittee for Signing
N. B. There will a saving or promt arise to the
1740] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 115
Province, by these Schemes, Sufficient to defray the
Charge of printing those Bills of Credit and the other
charge of Executing this affair,
By the first Emmission a proffit of £7275 at 28s p'r oz Silver
By the Second Emmission D° of 8862. 10 at 14s pr oz.
By tho Third Emraission D° of 1931 . 5s at 7s pr oz
A SCHEME for an emission of £67,275 Bills of credit
at the rate of 28s pr oz Sterling Silver to be a Currency
for 12 years and no longer, all to be brought in and
Sunk in following Manner.
First 3 years Taxes at rOOOl p'r annum £9,000 0 0
First 3 years intrest on £84000 at 5 p'r Cent 8000 0 0
First J$ principal paid at 8 years end 0000 0 0
If paid in Silver at 23s p'r oz no discount allow'd — 18,000 0 0
If paid in Bills of credit 2J$ discount allow'd 4C3 0 0 Sunk £18,185. 0. 0
Second 8 years Taxes at 8030 1 p'r Ann'm £9000 0 0
Second 8 years intrest 180C01 at 5 p'r C't 2700 0 0
Second !4 principal paid at 0 years end 0000 0 0
If paid in Silver at 28s p'r oz no discount allow'd 17,700 0 0 17,26710. 0
If paid in Bills of credit Ufa discount allow'd 44810 0
Third 3 years Taxes at 80001 p'r An'm £9000 0 0
Third 3 years Intrcst on £1300) at 5 p'r C't 1800 0 0
Third fcj principal paid at 9 years end 6000 0 0
If paid in Silver at 2fs p'r oz no discount allow'd... 1C800 0 0
If paid in Bills of Credit 2& p'r Cent discount 400 0 0 1C880. 0. 0
Fourth 3 yoara Taxes at 8XX)1 p'r An'm 9000 0 0
Fourth 3 years Intrest on £COOO at 5 p'r C't 000 0 C
Fourth 14 principal paid at 12 years end 0000 0 0
If paid in Silver at 26s p'r oz no dlsc't allow'd 15000 0 0
If paid in Bills of credit 2^ p'r Cent disc't allow'd... 897 0 C 15,502.10.0
£07,275. 0. 0
A SECOND SCHEME for an Emission of £24,862. 10.
Bills of credit at y° Rate of 14s pr oz Sterling Silver, to
be emitted Six years after the former, and to be a Curr-
rency for 12 years and no longer, All to be brought in
& Sunk in the following Manner
I8t3y-r3lnfston £120» £1800 0 0
Igt J4 principal 8000 0 0
Discount
4800 0 0
120 0 0
4C80. 0. 0
116 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
2d 3 y'rs Int'st on £9000 £1350 0 0
2d J4 principal 3000 0 0
4350 0 0
S^Discount 108 0 0
£4341. 5. 0
3d 3 y'rs Taxes at £1500 - £4500 0 0
3d 3 y'rs Int'st on £6000 900 0 0
3d y± principal 3000 0 0
8400 0 0
2^ discount _ 210 0 0
8190. 0. 0
C't Discount
7751. 5. 0
4th 3 y'rs Taxes £1500 .'. 4500 0 0
4th 3 y'rs int'st on £3000 460 0 0
Last J4 principal 8000 0 0
£24862. 10. 0
A THIRD SCHEME for an emission of £12431. 5. 0
Bills of Credit at the rate of Seven Shillings pr ounce
Sterg Silver, to be emitted Twelve years after the first
& Six years after the Second And to be a Currency
for 12 years and no longer, All to be brought in and
Sunk in the following Manner.
1st 3 y'rs Intr'st on £6000 £900 0 0
1st y\ principal 1500 0 0
2400 0 0
2J4 p'r C't discount 60 0 0
2d 3 y'rs int'st on £4500 675 0 0
2d J4 principal 1500 0 0
2175 0 0
2)^ p'r C't Discount 54 7 7
3d 3 y'rs Taxes a £750. 2250 0 0
3d 3 y'rs int'st on £3000 450 0 0
3d 14 principal. _ 1500 0 0
4200 0 0
2^ p'r C't discount 105 0 0
4th 3 y'rs Taxes at £750 2250 0 0
4th 3 y'rs intrest £1500 225 0 0
Last J4 principal 1500 0 0
3975 0 0
% p'r C't discount 99 7 6
2340. 0. 0
2120.12. 6
4095. 0. 0
'5.12. 6
£12481. 5 0
1741] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 11?
Proclamation of Goif Morris relating to the Currency
of Foreign Coins in His Majesty's Plantations in
America. Dated 3? Jan1? 1.740-1.
[From P. R. O. B. T. New Jersey, Vol. IV, F 44.1
By His Excellency.
LEWIS MORRIS, ESQ;
Captain General and Governor in Chief in and
over His Majesty's Province of New Jersey,
and the Territories thereon depending in
America, and Vice Admiral in the same,
A PROCLAMATION.
WHEREAS for remedying the Inconveniences which
had arisen from the different Rates at which the same
Species of Foreign Silver Coins had passed in the sev-
eral English Plantations in America, Her late most
Excellent Majesty Queen Anne thought fit by her
Royal Proclamation bearing date the Eighteenth day
of June 1704. and in the third Year of Her Reign to
settle and ascertain the Currency of Foreign Coins in
Her said Colonies and Plantations in the Manners and
Words following, Viz.
"WE having under our Consideration the different
"Rates at which the same Species of foreign Coins
"do pass in our several Colonies and Plantations in
"America, and the Inconveniences thereof, by the
"indirect Practice of drawing the Money from one
" Plantation to another, to the great Prejudice of the
" Trade of Our Subjects: And being sensible, that the
" same cannot be otherwise Remedied, than by reduc-
ing of all Foreign Coins to the same Current Rate
" within all Our Dominions in America; and the priu-
118 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1741
"cipal Officers of Our Mint, having laid before Us a
" Table of the Value of the several Foreign Coins,
"which usually pass in Payments in Our said Planta-
" tions according to their Weight, and the Assays
" made of them in Our Mint, thereby shewing the just
"Proportion which each Coin ought to have to the
" other, which is as follows, Viz. Sevil Pieces of Eight,
"old plate, Seventeen Penny Weight Twelve Grains,
"Four Shillings and Six Pence. Sevil pieces of Eight,
"new Plate, Fourteen penny Weight, three Shillings,
"seven Pence one Farthing. Mexico Pieces of Eight,
"Seventeen penny Weight Twelve Grains, four Shil-
" lings and six Pence. Pillar Pieces of Eight, Seven-
" teen penny Weight Twelve Grains, four Shillings
" and six pence three Farthings. Peru pieces of Eight,
"old Plate, Seventeen Penny Weight Twelve Grains,
" four Shillings and five Pence, or there abouts. Cross
" Dollars, Eighteen Penny Weight, four Shillings, and
" four pence three Farthings, Ducatoons, of Flanders,
" Twenty penny Weight and Twenty one Grains, five
" Shillings and sixpence. Ecu's of France, or Silver
" Lewis, Seventeen Penny Weight Twelve Grains, four
"Shillings and Six pence. Crusadoes, of Portugal,
" Eleven Penny Weight four Grains, two Shillings
" and ten Pence one Farthing. Three Gilder Pieces of
"Holland, Twenty penny Weight and seven Grains,
"five Shillings and two Pence one Farthing. Old Rix
"Dollars of the Empire, Eighteen Penny Weight and
" Ten Grains, four Shillings and six pence. The
"Halfs, Quarters, and other parts in proportion to
" their Denominations, and light pieces in proportion
"to their Weight: We have therefore thought fit for
"Remedying the said Inconveniences, by the Advice
"of Our Council, to publish and declare, that from and
" after the first Day of January next ensuing the Date
"hereof, no Sevill, Pillar, or Mexico Pieces of Eight,
"though of the full Weight of Seventeen Penny
1741] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 110
" Weight and an Half, shall be accounted, received,
"taken, or paid within any of Our said Colonies or
" Plantations as well those under Proprietors and
" Charters, as under our immediate Commission and
" Govern rnsnt, at above the Rate of six Shillings per
1 ' Piece current Money, for the Discharge of any Con-
" tracts or Bargains to be made after the said first Day
"of January next; the Halfs, Quarters, and other less-
"er pieces of the same Coins, to be accounted, received,
"taken or paid in the same Proportion: And the Cur-
"rency of all Pieces of Eight of Peru, Dollars, and
" other Foreign Species of Silver Coins, whether of the
"same or Baser Alloy, shall, after the said First Day
"of January next, stand Regulated, according to their
"Weight, and Fineness, according and in Proportion
"to the Rate before limited and set for the pieces of
" Eight of Sevil, Pillar, and Mexico: So that no For-
"eign Silver Coin of any sort be permitted to exceed
" the same Proportion upon any Account whatsoever.
" And We do hereby require and command all Our
"Governors, Lieutenant Governors, Magistrates, Offi-
" cers and all other Our good Subjects, within Our said
" Colonies and Plantations, to observe and obey Our
" Directions herein, as they tender Our Displeasure.
AND WHEREAS an Act of Parliament was afterwards
passed in the Gth Year of Her said late Majesty Queen
Anne, entitled, An Act for the Ascertaining the Rates
of Foreign Coins in Her Majesty's Plantations in
America, setting forth, that notwithstanding the spid
Proclamation, the same indirect Practices therein men-
tioned were still carried on within some of the said
Colonies and Plantations, and the Money thereby
drawn from one Plantation to another, in prejudice of
the Trade of Her Majesty's Subjects. Wherefore for
the better inforcing the due Execution of Her Majesty's
said Proclamation, throughout all the said Colonies
and Plantations, and for the more effectual Remedy-
120 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1741
ing the said Inconveniences thereby intended to be
Remedyed, it was therein and thereby Enacted, That
if any Person within any of the said Colonies or Plan-
tations, as well under Proprietors and Charters, as
under Her Majesty's immediate Commission and Gov-
ernment, should after the First Day of May in the
Year of our Lord 1709. for the Discharge of any Con-
tracts or Bargains to be thereafter made, account,
receive, take, or pay any of the Silver Species of
Foreign Silver Coins mentioned in the before recited
Proclamation of any greater or higher Bate than at
which the same is thereby regulated, settled, and al-
lowed to be accounted, received, taken or paid, every
such Person so accounting, receiving, taking or paying
the same contrary to the Directions therein contained,
should suffer six Months Imprisonment without Bail
or Main Prize. Any Law, Custom or Usage, in any
of the said Colonies or Plantations to the Contrary
thereof in any wise not withstanding, and should like-
wise forfeit the Sum of Ten pounds for every such
Offence, one Moiety thereof to Her said Majesty, Her
Heirs and Successors, the other Moiety to such Person
or Persons as should Sue for the same, to be recovered,
with full Costs of Suit, by Action of Debt, Bill, Plaint
or Information, in any of Her said Majesty's Courts of
Justice within any of the said Plantations, or in any
of the Courts of Justice of the Charter or Proprietary
Governments where such Offence should be committed:
AND WHEREAS their Excellencies the Lord Justices,
by their additional Instruction to me directed, bearing-
date at Whitehall the Fifth Day of August in this pres-
ent Year 1740. Have therein set forth, that although
the respective Governors of all the Plantations in
America, had from Time to Time, been Instructed to
observe and carry on the above recited Act of Parlia-
ment into due Execution: Yet that notwithstanding
the same. Complaints had been made, that the said
1741] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 121
Act had not been observed as it ought to have been in
many of His Majestv's Colonies and Plantations in
America, by Means whereof, many indirect Practices
had grown up, and various and illegal Currencies had
been introduced in several of the said Colonies and
Plantations, contrary to the true Intent and Meaning
of the said Act, and to the prejudice of the Trade of
His Majesty's Subjects: And that in Consequence of
those Complaints, an humble address had been pre-
sented the then last Sessions by the House of Com-
mons to His Majesty, that He would be graciously
pleased to require and command the respective Gover-
nors of His Colonies and Plantation in America, effect-
ually to observe His Majesty's Royal Instructions,
directing them that the said Act of the sixth Year of
the Reign of Her late Majesty Queen Anne, Entitled,
An Act for Ascertaining the Rates of Foreign Coins in
Her Majesty's Plantations in America, should be punct-
ually and bona fide observed and put in Execution,
according to the true Intent and Meaning of the said
Act: Pursuant to which Address, their Excellencies
the Lord Justices by their additional Instruction (signi-
fying it to be His Majesty's Royal Will aud Pleasure)
do strictly charge and command Me, to take the most
effectual Care for the future, that the said Act be
punctually and bona fide observed and put in Execu-
tion, according to the true Intent and Meaning thereof.
In Obedience therefore to the said additional Instruc-
tion from the Lords Justices, and to the End that His
Majesty's Commands therein may be fully made known
to all His Subjects within this my Government, and
that none of them may pretend Ignorance thereof, I
Do (by and with the Advice of His Majesty's Councill)
issue this Proclamation, and in His Majesty's Name do
hereby strictly Reqiure and Command all and every
His Majesty's good Subjects within this Province, to
pay a strict and punctual Obedience to the above recited
122 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1741
Act pass'd ill the sixth Year of the Reign of Her said
late Majesty Queen Anne, entitled, An Act for Ascer-
taining the Rates of Foreign Coins in Her Majesty's
Plantations in America, under the Penalty's in the
said Act mentioned, which shall be according to the
utmost of my Power, strictly and punctually put in
Execution against all and every Person and Persons
that shall presume to offend in acting contrary to the
Directions in the said Act.
Given under rny Hand and Seal at Arms, at Trenton
in Council, the third Day of January, in the Four-
teenth Year of His Majesty's Reign Annoque Domini
One Thousand Seven Hundred and Forty.
By His Excellency's Command, LEWIS MORRIS.
Arch. Home, Secry.
GOD SAVE THE KING.
Report of the Lords of Trade to the House of Com-
mons— relative to Bills of Credit in the Plantations.
[From P. R. O. B. T. Plantations General No. 30, Ent. Book Q, p. 269.]
To the Honbl° the Commons of Great Britain,
in Parliament Assembled.
His Majesty having been pleased by his Order of the
30th of April last, pursuant to an Address of this Honblc
House of the 25th of the same Month, to direct the
Commissioners for Trade & Plantations, to prepare in
order to be laid before this House the next Session of
Parliament, "An Account of the Tenour & Amount of
" the Bills of Credit which have been created & issued
"in the several British Colonies and Plantations in
"America, as well as those under Proprietors &
"Charters as under his Majesty's immediate Com-
"mision & Government, that shall be then out-
1741] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 123
" standing distinguishing the Amount of the same
"in each Colony or Plantation, and the respec-
tive Times when such Bills so outstanding were
"issued, with the Amount of the said Bills in money
"of Great Britain, both at the time of preparing the
"said Account, together with their Opinion what will
"b3 the most easy & effectual manner of sinking and
"discharging all such Bills of Credit with the least
"Prejudice to the Inhabitants of the said Colonies
"and Plantations, and Interruption of the Commerce
"of this Kingdom."
Upon Receipt of the said Order, We did immediate-
ly send circular Letters to all theGov? of his Majesty's
Plantations in America, reciting the said Address, and
directing them forthwith to prepare and transmit to
Us, the sev! Accounts therein required, together with
their Opinion, what would be the most easy and effec-
tual manner of sinking and discharging all such Bills
of Credit, as by a Copy of one of the said dated May
circular Letters hereunto annexed may
more fully appear; But We have not hitherto re-
ceived Returns from any of his Majesty's Gover-
nors on the said Subjects, except only from the
Lieutenant Governor of New York.
We did likewise at the same time recommend to the
Agents of the respective Colonies residing here, to lay
before Us their Opinions concerning the most easy &
effectual manner of sinking the said Bills, & frequently
discoursed with them thereupon; but they have for the
most Part excused themselves; from giving any Opin-
ion till they shall have received proper Instructions
from their Principals on that Subject.
Under these Difficulties therefore, and destitute of
propar Information, it cannot be expected that We
should be able to lay before this Honb!c House such a
Proposition for the sinking and discharging of the said
Bills of Credit, as may be in every respect an adequate
124 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1741
Remedy for the Evil complained of, and so much the
rather because the Circumstances of the sev1 Provinces
being various & very different in this Respect, each
Province may require a distinct Consideration.
Being however desirous, as far as in Us lies, to com-
ply with the Intentions of the House, We would humbly
propose that his Majesty may be graciously pleased to
repeat his Orders to his Governors of the Plantations
not to give their Assent for the future to any Bill or
Bills for the issuing or re-issuing of Paper money in
their respective Governments of any Sort upon any
Account, or for any Purpose whatsoever, without a
Clause therein inserted to suspend the Execution
thereof, till his Majesty's Pleasure thereupon shall be
known, nor to any Vote, Resolution or Order for the is-
suing or re-issuing of any Sort of Paper money upon
Pain of the Forfeiture of their repective Employments,
of his Majesty's highest Displeasure.
That the said Governors be also directed under the
same Penalties to take due Care that all Funds and
Provisions already established by Acts of Assembly
for the gradual sinking and discharging of Bills of
Credit in their respective Provinces be duly applied,
according to the Terms & Methods prescribed in the
said Acts for those Purposes.
That wherever Bills of Credit have been issued upon
Loan to private Persons, upon Securities real or per
sonal in Consequence of any Acts of Assembly, such
Persons be compelled to make Payment thereof, agree-
able to the Securities given for that Purpose.
That in all Cases where Bills of Credit have been
issued without proper Funds for the sinking of them,
or where such Funds have been diverted or proved in-
effectual, the Governors should be directed to recom-
mend in his Majesty's Name to their Assemblies forth-
with to provide sufficient Funds by Act of Assemblies
for the gradual Discharge of such Bills.
1741] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 125
We hope that these Propositions for reducing <fe dis-
charging the Paper Currency in the Plantations may
have a good Effect in those Governments which are held
by immediate Commission under his Majesty, But We
are very doubtful! whether they will produce the like
Effect in the Charter Governments, who do apprehend
themselves by their particular Charters, & Constitu-
tions to be very little dependent upon the Crown, &
for that Reason seldom pay that Obedience to his
Maj'f* Orders which might reasonably be expected
from them.
We have hereunto annexed such Returns of the
State of the Paper Currency in the Colonies as have
come to Our Hands since our last Report, & which did
not arrive in time to be laid before the House the last
Session of Parliament, We have likewise, in Obedience
to his Maj'f8 Orders upon another Address from this
House of the 25th of Apr1 last, prepared Copies of the
sev! Grants & Charters from ye Crown to the Propri-
etary & Charter Governm'.8 on the Continent of N°
America, now subsisting & in Force. & do herewl.h lay
the same before this Honb!e House.
All which is humbly submitted
MONSON
Whitehall Jan'ry JA BRUDEXELL R PLUMER
21* 1740-1 R : HERBERT. M BLADEN
List of Papers transmitted to the Commissioners for
Trade & Plantations relating to Paper Currency &c.
in America received since the last Session of Parliament.
Extract of a letter from Major Gooch Lieu? Gover-
nor of Virginia, dated Febry !)'." 17SJ»-4o— relating to
Paper Currency &c.
-'
Account of the State of Paper Currency of North
126 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1741
Carolina, from the first Emission of any Bills of Credit to
the year 1740, rece'd from N. Carolina.
Letter from Sam! Ogle Esqr Dep'.y GovF of Maryland,
dated 20th April 1740 — relating to Paper Currency &c.
4
Letter from Joseph Talcot Esqr Deput}r GovT of Con-
necticut, dated Jan'ry 12th 1739-40— relating to Paper
Currency.
5
Account of the Gold & Silver Coin as it currently
Passed in the Island of Nevis from the year 1700 to
1739-40 transmitted by Governor Mathew.
List of Copies of Charters from the Commies™ for
Trade & Plantations, presented to the Honb1:c the House
of Commons, in Pursuance of their Address to his
Majesty of the 25? April 1740.
Maryland Charter, granted by King Charles the 1st
in the 8th Year of his Reign.
Connecticut Charter granted by K. Charles the sec-
ond, in the 14th Year of his Reign.
Rhode Island Charter, granted by King Charles the
second in the 15th Year of his Reign.
Pennsylvania Charter, granted by King Charles the
2" in the 33d Year of his Reign.
Massachusets Bay Charter granted by K. Will™ &
Q. Mary in the 3" Year of their Reign.
Georgia Charter granted by His present Majesty in
the 5th Year of His Reign.
1741] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 12?
Archibald Home appointed one of the New Jersey
Council.
[From P. R. O. B. T. New Jprsey, Vol. IV, F 42. |
Order in Council, dated the 23? of April 1741,
approving a Representation of this Board
proposing Archibald Home Esqr to Supply
a Vacancy in the Council of New Jersey
by the Death of Robert Lattice Hooper Esqr.
AT THE COURT AT S? JAMES'S
the 23d Day of April 1741
Present
The Kings most Excellent Majesty in Council
Upon reading at the Board a Report from the Right
Honourable the Lords of the Committee of Council for
Plantation Affairs dated the Otn of this Instant in the
Words following — Viz1
"Your Majesty having been pleased by Your Order
"in Council of the 19l" of last month, to referr unto
"this Committee a Representation from the Lords
"Commissioners for Trade and Plantations, Setting
" forth, that there is a Vacancy in your Majestys
" Council of New Jersey, Occasioned by the Death of
" Robert Lettice Hooper Esq' And that Archibald
" Home Esqr having been recommended to them as a
"Person every way Qualified to Serve Your Majesty
" in that Station, They therefore humbly propose, that
"he may be appointed to Supply the said Vacancy.
" The Lords of the Committee this day took the said
"Representation into their Consideration And do
"thereupon Agree humbly to Report, that they have
128 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1741
" no Objection to Your Majestys Appointing the said
" Archibald Home to be of Your Majestys said Coun-
"cil in the Province of New Jersey, in the room of
" the said Lettice Hooper deceased—
His Majesty this day took the said Report into Con-
sideration and was Pleased with the Advice of His
Privy Council to Approve thereof and to Order as it is
hereby Ordered, that the said Archibald Home Esq? be
Constituted and Appointed' a Member of His Majestys
said Council of New Jersey in the room of the said
Robert Lettice Hooper. ' And His Grace the Duke of
Newcastle His Majestys Principal Secretary of State is
to Cause the usual Warrant to be prepared for His
Majestys Royal Signature —
A true Copy
TEMPLE STANYAN
Communication from the Lords of Trade to the Lords
Justices — relative to Ensigns to be borne by ships
having private commissions.
[From P. R. O. B. T. Plantations General No. 36, Ent. Book G, p. 279.J
To their Excellencies the Lords Justices.
May it please your Excellencies,
In our Representation to your Excellencies of the
218t and 22? of July last, which accompanied the
Instructions We had prepared for His Majesty's Gov-
ernors of the Massachusets Bay and New Hampshire,
We took Leave to propose an Alteration to be made in
the Colours to be worn by all Ships having private
Commissions or carrying Letters of Marque or Reprisal,
1 Mr. Home died in 1745 and was succeeded by Andrew Johnston on June 19th,
1745.
1741] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 129
to make the same conformable to those given by His
Majestys Commissioners for executing the Office of
High Admiral of Great Britain to the Commanders of
Vessels having Letters of Marque or Commissions for
Private Men of War; And your Excellencies having
been pleased to refer the said Representation and
Instructions to the Lords of the Committee of His
Majesty's most Honb!e Privy Council, Their Lordships
upon Perusal thereof, did by their Order dated the 7V1
instant, direct us to consider whether Draughts of
Additional Instructions relating to the said Ensigns
should be sent to such Govei'nors as have not been
already instructed upon this head, & We apprehend-
ing the same may be for His Majesty's Service, have
prepared the inclosed Draughts of Additional Instruc-
tions for that purpose, which are most humbly sub-
mitted to Your Excellencies.
M BLADEX.
B: KEENE
R: PLUMEK
JA: BRUDENEL
[The instructions were to the following effect.]
"That is to say, Such as is worn by our Ships of
"War, with the Distinction of a white Escutcheon in
" the middle thereof; And that the said Mark of Dis-
" tinction may extend itself to one half of the Depth
" of the Jack, and to one third of the Fly thereof." It
is His Majestys Will & Pleasure, And You are
hereby required for the future to oblige all Com-
manders of Ships to whom You shall grant such Com-
missions to wear the same Ensign as Merchant Ships
& a red Jack with the Union Jack in a Canton at the
upper Corner next the Staff, instead of those raen-
tion'd in former Instructions.
10
130 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1741
Letter from Governor Lewis Morris to the Lords of
Trade — about New Jersey affairs.
[From P. R. O. B. T. New Jersey, Vol. IV, F 43.)
Trenton, August I&* 1741
My Lords,
I have received the Honour of your Lordships of
May .20l.h and 218t and August I8-1 1740, and one of
Aprill 171'1 1741 with two Acts of Parliament Pursuant
to your Lordships commands of the I8t of August 1740.
I gave the Commissioners residing in this Province the
Information by your Lordships directed, but I am told
none of them attended and that the Settling the
bounds j between Boston and Rhode Island (if done)
was done without their Assistance.
In Obedience to your Lordships of May 218t 1740 I
have directed the Secretary of this Province (who
farmes the Office of one Burnet in England who has
the Patent for it) to Search the Office and give mean
Account of what Laws have been pass'd but the Offices
being kept in two places Viz1. Amboy and Burlington
and not Being Formerly kept so carefully as they
should, a collection Even of their titles will be not
Easie to make, and much more so to get them tran-
scribed, the transcribing the minutes of the Council
and Acts of Assembly Each Session and duplicates of
them which is twice done by the Secretary and is a
burden upon the Officer which the Assembly has given
but a Scanty allowance for doing, and such as is very
far short of paying for the Service done.
During the Sitting of the Assembly at Burlington I
discovered an Old chest full of papers belonging to that
Office and among them many of the Original Laws
put in a Garret of a House that I had hired where I
lodg'd my Servants, & it was a great chance that many
1741] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 131
of them were not us'd for waste paper, they might
have been as carelessly kept at Amboy for Ought I
know, there having been no publick provision made
for a place to keep them in, Either there or Elsewhere.
There having been Coppies of all the Laws made here
from time to time as they were made transmitted to
the Secretary of State for the time being, and Dupli-
cates of them to the board of trade, Each of those
Offices are probably furnished with a compleat collec-
tion of them to lay before the house of commons if
they desire it; however I will do what I can for Your
Lordships Information on that head.
Your Lordships of the 20l.h of May 1740, requiring
an Account of the tenor and Amount of the Bills of
Credit current in New Jersie, with my Opinion what
would be the most ready way to Sink and destroy
them with the least Prejudice to the inhabitants,. I
laid before the Council, as I did your Lordships of the
5l.h of July 1739, with Coppyes of Addresses Ordered
by the Lords and Commons to be made to His Majestic
much to the same Purpose. I sent your Lordships the
Report of the Council in answer to that of the 51!1 of
July which I hope came to your Lordships hands; but,
least that should have Miscarryed I send your Lord-
ships another transcript of the minutes of Council
then sent. I also send the minutes of Council com-
mencing the IV of December 1740. & ending the 2? of
May 1741. Among those last mentioned minutes
there is one of January I"1 1740, with relation to your
Lordships letter of the 20th of May 1740. the 1" part of
which they conceive was fully and compleatly
answred by their report of the 4l." of December 1739,
and gives an Account of all the Bills that have been
and now are Current in this Province Except £2000.
in bills of Credit made current Since for Vicualling
and transporting the troops rais'd in this Colony sent
against the Spaniards. This Report of the 4!.h of
]32 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1741
December is in the two last leaves of the former
minutes & with respect to the Sinking of them, they
think the best and most Effectual way to do this
would be to do it in the manner Prescrib'd by the Acts
that gave them a currency. I propos'd Several ques-
tions to them as your Lordships will see by the minutes
of the 2? of January which they took time to Answer
& on the 4:^ of Aprill following rather Evaded as I
think than Answer'd directly — They would not allow
that there was any alteration in Our currency but the
bills of Exchange had got to a higher rate than they
had been, and that the exportation being Encreas'd
the course of Exchange had fallen to 50 P Cent, and
that the Increase of the exportation was the chief
cause thereof.
That there was no alteration in Our currency I take
to. be a mistake, it is true that there was no nominal
Alteration, a bill mark'd 20 Shillings pass'd for 20
Shillings and was called 20 Shillings and would have
done So, if Exchange had risen to 500 P Cent as well
as to TO P Cent, but the owner of the bill could not
have purchas'd so much Silver and Gold for his 20
Shillings nor so much English cloth or what Elce of
that Kind he wanted as when Silver pass'd at 6? 10£l P
Ounce, which was the nominal Vallue his bill was
Struck at, And unless Silver & Gold had risen in its
Vallue Exchange could not has [have?] risen; And the
reason of its rising I do not take to be Owing to a paper
Currency but to the want of a proper return, and for
that reason owing to the British factors themselves for
they having sold their goods and receiv'd pay in the
paper Currency, and being under a necessity of making-
returns to their Employers, they by from time to time
offering great prices for Silver, Gold or bills of Ex-
change have rais'd the Value of them & those that
have Silver Gold or bills of Exchange, Knowing the
necessity these factors are under to make returns, will
1741] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 133
not part with them but at their own rate, & this or
some thing like it would be the case where direct
returns are wanting where there no Paper Currency;
for, the mercantile part of men in these parts are of
Opinion (& I believe our Council thought the same
way) that foreign Coynes of Gold and Silver are of the
nature of piggs or ingots of Silver and Gold, A Mer-
chandise, whose Value like other Commodities may
rise or fall in proportion to the Demand there is for
them; and on this notion it has been by Agreement
among these sort of people that Pistoles and Silver
have been rais'd in their Value from time to time and
of different Values in different Provinces according to
the necessity there was of making returns, or the
natural foundation of credit there was for the bills of
Credit Emitted, or both, and consequently English
Gold and Silver must have rais'd also and have been
Current in payments at Various nominal Values in
Various Collonyes & this I take to be the Various cur-
rencies meant. These nominall Values of the coin
whatever they were, would purchase no more than the
Same nominall Vallue of the paper currency would do:
As if a Guinea went at 5 pound (which I think it did
in New England) it would purchase Just as much as a
New England paper bill of five pounds would do, so
that (according to our Councill) there would be no
alteration of the currency 5 pounds being still 5 pounds
but it seems plain to me that if a Guinea was at any
time before that current at 30 Shillings in bills of
Credit, that when it was current at 5 pounds in the
same bills it required 5 pounds to purchase that Guinea
which 30 Shillings of the currency or bills would have
done before; which must make those bills (whatever
nominal Vallue was Impress'd upon them) of so much
less real Value than they were before.
The falling of Exchange from 70. to 50. and after
that so Low as even to 25 P Cent in 2 or 3 Months
134 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1741
time and its rise again to 40 and rising Seems to be so
Sudden to be Owing to the increase of the Exports as
our Council Say, or the Contrary; and is said to be
chargeable to Another Account Viz' the want of Specie
and of a sufficient quantity of currency to Supply the
Ordinary necessities of Jersie and Pensilvania at that
time; for much provision being to be Shipp'd for the
Troops and Else where in- the West Indies, bills of
Exchange would not purchase this, unless chang'd into
Specie, or bills of Credit; both of which being Scarce,
there was a necessity of Lo wring bills in Order to
procure it, and when that End was Answer'd they
soon rose again, So that the fall of Exchange was not
Owing to a general Increase of the Exports, that being
(if I Judge rightly) little (if any thing) more this year
than usual; but to the time of doing of it, and peculiar
Circumstances attending that Occasion which may not
in a course of Years happen again.
As to the best way of sinking the Bills, (or whether
it be best to sink them at all) is difficult to determine.
Those of the Council that gave me their Opinion on
that head Agree that its best to let them Expire by
your Own limitation: but, when thats done, or if sunk
sooner, unless there be a Supply of Specie or some-
thing that is tantamount, the reasons & necessity for
making Others of some kind or other to serve as A
medium of trade in lieu of Specie will be as Cogent
and pressing as they were for the making those now
in use; and if those reasons were good it Seems not
Amiss to continue the practice while those reasons
Subsist.
It has been said that while Jamaica and some of the
other Islands carry ed on a Clandestine- trade with the
Spaniards & the West Indies the northern Plantations
had Specie Enough for their own Currencie and to
make such remittances as was Sufficient to Supply
their wants; but that trade failing and with it the
1741] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 135
Supply of Silver & Gold and their numbers and
demands Increasing, they were under a necessity of
having recourse to the Issuing bills of Credit <o Supply
the Defect of Specie, to serve as that did for a medium
of Commerce; but remittances being necessary and not
to be made in those Bills, those who had bills of
Exchange or Silver made their Advantage of those
who wanted & being to be paid in those bills of credit
would not part with their bills of Exchange or Silver
but on their own terms and this Depreciated the nomi-
nall Value of the Bills of Credit in most of the Colo-
nies, in some more than in others in Proportion to the
natural Credit upon which those bills were founded
but fluctuating and Subject to change in all of them
The Province of New Jersie sends but few Vessels
abroad; what they raise is chiefly sent from the East-
ern division of it to New- York and from the Western
to Philadelphia from which places they are for the
most part supply'd with what European Commodities
they want; they importing but little of that kind
themselves; so that they are Very much out of the
case with respect to the Value of Silver or Gold; what
little they have (if any) comes from York or Pensilva-
nia but chiefly from the Last to purchase Wheat for
their own Exportation and then passes at the Value it
goes in Pensilvania with those who take it which are
not many; the generality preferring the bills of credit
current Amongst them whose Value they know to
Silver or Gold which they do not; and few of them
having need of remittances are not concern'd whether
bills of Exchange be cheap or deare which may be one
reason that the bills or what they call the Paper Money
of this Province have not only retain'd but Encreas'd
their Credit being now 12£ P Cent better than those of
the neighbouring Province of New York.
Silver and Gold being the medium of commerce in
every country where a Sufficient quantity of it for that
Purpose is to be had, it seems necessary that in coun-
136 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1741
tries where it is not to be had that Something Elce
should be Substituted in its stead to Answer as far as
may be that purpose; this the northern Plantations
have done by bills of Credit which in some of them
have prov'd a great conveniency to the Inhabitants
Especially to those in this Province; and to destroy
these altogether in places where they have retain'd
their Credit without placing Something in their Stead
that would Answer the Same Ends Seems to be very
inconvenient for the Inhabitants and perhaps not
beneficial to the trade of their mother country.
In things of this Kind there will not be wanting
Various Projections and when duly considred Perhaps
few (if any) of them practicable with less inconven-
ience than the methods now in use. Some have con-
ceiv'd that the calling in all the Bills that are now in
use and issuing others in their Stead upon the Same
Security and lent in the same manner with this only
difference of making the King the Lender instead of
the Governments here; to which end they Suggest
that if His Majestie would be graciously Pleas'd to
Asscertain wrhat Salaries he thought proper to allow to
his Several Governours, to the Councellors, during
their Attendance in Council, to the Secretaries, Clerks
of the Council, Judges, Receivers General and other
necessary Officers of the Governments, and Incidental
charges at a Sterling Value; and that so many bills of
Credit be printed in or for each of the Provinces that
when put at a moderate Interest of 4. 4% or at most 5
P Cent the Interest arising from them may defray the
charges of Each Government And that attending the
printing and letting these bills Each of these Prov-
ince bills to be distinguished, to be regularly paid in
and let out as now, and when worn or Obliterated new
made to change them as at Present.
This it is said will Asscertain or prety nearly Asscer-
tain the quantity of what they call paper Money in the
1741] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 137
plantations, prevent the making any more for the
future than what his Majestic will please to direct,
render the Several Governours, Councellors and Offi-
cers of the Government independant on Assemblies
for their Support, and consequently prevent those
mean Condescentions that are too often made to Obtain
a Scanty Subsistance, prevent the Governours from
bartering the Kings Prerogatives or Lands for bread,
give the Councils a greater weight and Influence than
they at Present have and be a means of Keeping
Assemblies within their Just and proper limmits.
Some of these things are veiy desireable; but to
Obtain them seem to require the Aid Either of the
Several Legislatures in the Plantations (which it is not
to be Expected any of the Assemblies will give into, if
they can Avoid the doing of it) or that of a Brittish
Parliament and how far they will Judge it fit bills of
any kind should be current in the Plantations is what
I cannot say.
The People who are the borrowers, and who truly
only Support this Government would be Very indif-
ferent whether such Bills were made by the Authority
of a British Parliament or Jersie Assembly, or whether
lent by the Government here or the King, so as they
could have them at a Moderate Interest.
Where Gold and Silver is wanting that it is neces-
sary there should be Something to pass current as A
medium of trade in Lieu of it Seems to me Evident.
Inclosed is a Proclamation Issued in Obedience to
the commands of the Lords Justices, we are not in
much Danger in this Province of their Acting contrary
to the Act of Parliament, and I will do my utmost
Endeavours that such as do shall be prosecuted. I am
My Lords Your Lordships most Obedient
Humble Servant
LEWIS MORRIS.
Lords Commissioners of Trade & Plantations.
13B ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1741
Memorial of the Committees of the Proprietors of East
and West Jersey to Governor Morris — relating to
the line between New York and New Jersey.
LFrom Papers of James Alexander, Surveyor General, in Rutherfurd Collection,
and Papers of F. J. Paris in the New Jersey Historical Society Library, Vol. IV,
p. 125.1
NEW JERSEY S?
To His EXCELLENCY LEWIS MORRIS ESQB Cap-
tain General and Governour in Chief in
and over his Majesty Province of New Jer-
sey and Territories thereon depending in
America and Vice Admiral in the Same &c
THE HUMBLE EEPRESENTATION of the two Com-
mittees appointed by the Eastern & West-
ern Division of the Council of Proprietors
for making an Order to promote the set-
tling of the Division line Between the Prov-
inces of New York & New Jersey And also
the line between the Eastern & Western
division of this Province
May it Pleasure Your Excellency
We being appointed by the Councils of Proprietors
of the Eastern & Western Division of the Province to
Conferr about the settling & Adjusting the Division
lines above mentioned, Have been applyed to by some
of the Inhabitants of this Province Who dwell con-
tiguous to the Supposed line between this Province
and the Province of New York, in Order to redress
many Grievances and Injurys said to be offered them
from that Neighbouring Government: And having
made a strict Inquiry into the Affair Do find upon the
best information We were able to procure, that the
1741] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 139
People of that Government have Encroached on the
lands within the limitts of this Province and thereby
dispossessed many of his Majestys Subjects Inhabiting
therein of their unquestionable Rights, under pretence
that the said Lands so by them possessed & Claimed
were within the limitts of New York Government,
And also Offered divers outrages & Insults to many of
the Officers of Your Excellency's Government in the
actual discharge of their Dutys & Commissions within
the undoubted bounds of this Province, And Caused
many of them to pay quitt Rents and other Taxes for
lands certainly within this Province of New Jersey
held under the proprietors thereof, And as We Imag
ine that the many inconveniencys the Inhabitants in
that part of this Province undergo are principally
owing to the Division line not being run pursuant to
the Acts of Assembly for that purpose made in both
the said Provinces.
WE most humbly desire Your Excellencys Assist-
ance & Interest in the procureing the said line to be
run Between the said Provinces in such manner as to
Your Excellency shall seem most proper & in the
mean time to use Your Excellencys influence to put a
Stop to all Outrages & unjust proceeding by the Gov-
ernment of York against the Inhabitants of this Prov-
ince
Dated 2d Septr 1741
WE are your Excellency's most Obed* h'ble Serv?
Western Division Eastern Division.
John Reading Rich1' Ashfield
Mahlon Stacy Da: Don: Dunster
Clem: Hall * Sam" Leonard
John Coxe Sam11 Nevill
[Under date of June 28th 1742, no action having been
taken by the Governor on the above representation,
he was again appealed to by the Council of Proprie-
tors of East Jersey: they said " As there was at that
140 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1741
Time a Governor daily expected at New York, it was
then thought proper to let the Affair rest till he should
arrive, But as no Governor of New York is yet ar-
rived, and the present unsettled Situation of Affairs
in England renders it uncertain when any will, the
unhappy Differences now subsisting between the In-
habitants of New Jersey and New York, occasioned
by the said Partition Line • being yet unsettled, and
which seem to threaten dangerous Consequences, oblige
us, Sir, to remind you of our former Petition
We therefore pray Your Excellency to write to the
present Lieutenant Governour of New York to join
with Your Excellency in endeavouring to bring the
Settlement of the aforesaid line to a Speedy Conclu-
sion."]—ED.
Representation of the Council and Assembly of New
Jersey to Governor Morris — relative to encourage-
ment for the making of iron.
[From P. R. O. B. T., New Jersey, Vol. IV, F. 46 x 47.]
To His Excellency Lewis Morris Esqf Captain
General & Governour in Chief in and over
His Majesty's Province of New Jersey and
Territories thereon depending in America
and Vice Admiral in the Same &c.
The Humble Kepresentation of His Majesty's
Council and the House of Representatives
of the Province of New Jersey in General
Assembly met and Convened.
M ay it please Your Excellency.
We the Council and House of Assembly beg leave to
Represent to Your Excellency, That this His Majestys
Province of New Jersey under Your Government and
1741] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 141
other the British Colonys in North America (by the
Divine Indulgence) are abundantly Stored with Iron
Ore as also with Suitable Conveniences and proper
materials for making the Same into Pigg mettal and
Barr Iron; and could under due Encouragement
largely Contribute towards, and probably in some years
wholy supply Great Britain and Ireland with that ne-
cessary Commodity for which they become Annually
greatly Indebted to Sweeden and other fforeign Na-
tions.
That We are well informed that on repeated proofs
made of American Iron before the Officers of His
Majesty's Navy and other Skillfull persons, the Same
has been declared to Equal if not Excell in quality the
best Sweedish Iron.
That the Inhabitants of this and the other Northern
Colony's have hitherto made but small Advantage
therefrom having Imported but very inconsiderable
quantities Either of Pigg mettal or Barr Iron into great
Britain or Ireland by reason of the great discourage-
ment they lye under from the high price of Labour in
the said Colonies and the Duties by Act of Parliament
on those Com'odities Imported from his Majesty's
Plantations in America.
That should it please the British Legislature to take
off the duties at present payable on Importation and
to Allow such Bounty thereon as to them in their
Great Wisdom might seem reasonable the Inhabitants
of this and other His Majesty's Colonies in North
America would be thereby the better enabled to dis-
charge the Respective bal lances due by them to then-
mother Country, And greatly to encrease the quanti-
ties of her Manufactures to them Exported (as their
Returns would be in those only) whereby the Annual
Debt by her incurred to Sweeden and other fforeign
Nations for Iron would be considerably Lesseu'd and
the Navigation and Ship building throughout the
Brittish Dominions greatly encouraged and enlarged.
142 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1741
Wherefore We the Council and House of Assembly
humbly request your Excellency That you will be
pleased to Lay the Substance of this our Representa-
tion before His Majesty The tender ffather of the peo-
ple whose paternal Care extends Even to the remotest
of his Subjects, And in our behalf Humbly to beseech
him, that he will be graciously pleased to recommend
our Circumstances as above set forth to the Consider-
ation of his Parliamant, or take such steps for our re-
lief and Encouragement as to him in his Royal Wis-
dom and goodness shall Seem fitting
NovF 4? 1741
By Order of the House of Assembly
November 4?? 1741 — By Order of the Council
Memorial of Rodrigo Pacheco and Richard Partridge
on behalf of the Proprietors of East Jersey, to the
Lords of Trade — asking for the confirmation of
a certain Act.
[From P. R. O. B. T. New Jersey, Vol. 4, F. 47.]
Memorial of Roderigo Pacheco, in behalf of the
Proprietors of the Eastern Division of New
Jersey, praying ye Board to Report upon
1742] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 143
an Act passed in that Province in Novb.r
1703, for Regulating the Purchasing of
Land from the Indians.
To the Right Honble the Lords Commissioners
for Trade & Plantations—
The Memorial of Rodrigo Pacheco in behalf of
the Proprietors of the Eastern division of
y6 Province of New Jersey.
May it Pleasure Yor- Lordshipps
An Act has been passed in ye said Province of New
Jersey by the Govr Council and Assembly there in y*
second year of her late Majesty Queen Ann Entituled
an Act for regulating the purchasing of Lands from ye
Indians, which Act has been since to wit on ye 24. day
of Novem^ in the fifteenth year of his present Majestys
Reign Exemplified by the Governour of the said Prov-
ince under the Seal thereof as appears by the Exem-
plification hereunto annexed, & which Act has been
found necessary & of good Service to his Maj'v Sub-
jects in the said Province — In consideration
Whereof Your Memorialist most humbly prays Yor
Lordships would be pleased to report on the said Act
to His Majesty in order for its receiving the Royal
Approbation.
Which is Humbly Submitted
RODRIGO PACHECO
I do also humbly request that the aforementioned
Act may be confirmed by the King—
RICH? PARTRIDGE
Agent for ye Province of New Jersey
London June yc 16. 1742
144 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1742
Address of the Eastern Council of Proprietors to Gov-
ernor Lewis Morris — relative to the Partition
Line between New York and New Jersey.
[From Papers of F. J. Paris in the New Jersey Historical Society Library, Volume
II, page 137.1
To His EXCELLENCY LEWIS MORRIS Esqr Cap-
tain General & Governor in Chief of His
Majesties province of New Jersey and Ter-
ritories thereon depending in America &
Vice Admiral in the Same, &c.
May it please your Exellency
The Council of proprietors of the Eastern Division
of the Province of New Jersey humbly Beg leave to
represent to your Excellency, That, about the month
of September last, the Committees of the Councils of
proprietors of the Eastern and western Divisions of
New Jersey, waited upon your Excellency with an ad-
dress, relating to the partition Line between New
Jersey and New York: to which address your Excel-
lency was pleased to give a favourable answer; promis-
ing to use your utmost endeavours to effect the Same:
And as there was, at that time, a Governor daily ex-
pected at New York, it was then thought proper to
let the affair rest til he should arrive. But as no Gov-
ernor of New York is yet arrived, and the present
unsettled Situation of Affairs in England, renders it
uncertain when any will, The Unhappy differences
now Subsisting bet ween the Inhabitants of New Jersey
and New York, Occasioned by the Said partition Line
being yet unsettled; and which Seem to threaten
dangerous consequences; Oblidge us. Sir, to remind
you of our former petition, There being Leases of
Ejectment lately Served by John Bayard on the Demise
1743] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 145
of Henry Wileraan, Claimers under a New York title,
in the inferior Court of Orange County in the prov-
ince of New York, upon persons about Seven miles (as
we apprehend the Line Runs) within your Excellen-
cies Government; and great Commotions and disturb-
ances Seem to threaten these proceedings if not timely
prevented, We therefore pray your Excellency to write
to the present Lieutenant Governor of New York to Join
with your Excellency in endeavouring to bring the
Settlement of the aforesaid Line to a Speedy Conclu-
sion; and we hope, Sir, you will take Such further
Measures for this end, as you Shall think proper and
Convenient, We are
Your Excellency's most obedient and most
Perth Amboy humble Servants-
June 28th 1742
by order of the Council of Proprietors,
Affidavit of James Alexander — relative to the position
of the North Partition Point between New Jersey
and New York.
[From Papers of F. J. Paris in Historical Society Library, Vol. A, p.jHO.J
Ejectment for lands said
to be ii
Bayard on demise of
WilemanateTurn- Removed byhabeas
out J Corpus
JAMES ALEXANDER who for about twenty seven
years last Past hath been and Still is Surveyor General
of the lands of the Eastern and Western Divisions of
' 11
146 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1743
the Province of New Jersey maketh Oath that the
Commissioners and Allan Jarratt Surveyor appointed
for the Province of New York and Commissioners and
him the said Alexander Surveyor appointed for the
Province of New Jersey in pursuance of Acts of As-
semblys of the said Respective Provinces for running
and ascertaining the Division line between the said
Provinces did for that purpose in the month of June
One thousand seven hundred and nineteen meet at
Mackackemak at the House of one Swartwoot and
there agreed on means for ascertaining that branch of
Delaware River upon which the North point of the
said Petition line should be and the said Surveyors
took an observation for making an Estimate how far
Mr Swartwoots was from the Latitude of forty one
Deg? and forty minutes in which Latitude the said par-
tition point should be and by that observation the said
Surveyors esteemed they were about Sixteen minutes
South from the said Latitude that by the means agreed
on that Branch of Delaware River called the Fish Kill
was ascertained to be the branch upon which the north
partition point should be and an actual Survey was in
the said month of June and July following made from
Swartwoots to the said Partition Point which was
agreed on after many Meridional observations of the
sun taken by the said Jarratt & Alexander near the
said Partition Point both to the Northward and South-
ward thereof that on or about the twenty fifth day of
the said Month of July the Commissionrs andSurveyors
aforesaid of both the said Provinces executed Inden-
tures under their hands and seals for Commemorating
and ascertaining the place of the said north partition
point so settled and agreed on that after protraction of
the Survey aforesaid from Swartwoots to the said
North Partition Point they the said Surveyors from
that and the best Information they then had did es-
teem that the Partition line would nearly run South
1743] ADMINISTRATION" OF GOVERNOR LEWIS MORRIS. 147
forty seven degrees east according to the magnetick
compass then was from the north partition point
afores-d to the South partition Point upon Hudsons
River that the said line fell about one hundred and
twenty chains distant upon a perpendicular to it from
the said Swartwoots upon a North forty three Degrees
East course from said Swartswoots to the said line and
with the consent of the said Commissioners they the
said Surveyors did direct John Harrison and John Chap-
man Surveyors upon Oath with chain bearers to run
from said Swartwoots North forty three degrees east
One hundred and twenty chains to meet the said esti-
mated Partition line and from thence to run south
forty seven degrees east to Hudsons River marking the
trees along the line and marking the number of miles
from Swartwoots said perpendicular at the end of
every mile which work was as this Deponent be-
lieves Justly performed by the said Harrison &
Chapman & their chain bearers a Journal of
which work was delivered by the said Harrison &
Chapman to the said Jarratt and Alexander on or
about the seventeenth day of August One thousand
seven hundred & nineteen (a copy of which the said
Alexander entered in a Book in which he entered the
transactions aforesaid and all other material Transac-
tions concerning the said line in which he was concerned)
And this deponent further says that in the month of
August One thousand seven hundred and nineteen he
with the said Allan Jarratt did make five or six obser-
vations of the Sun's meridional altitude on the West
bank of Hudsons River at or near whats known by
the name of Corbitts Old house below Tapan Creek in
Order for the discovery of the Latitude of forty one
upon Hudsons River, where the South Point of the
said Partition line ought to be and the Commissioners
being then not come the said Allan Jarratt went for
148 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1743
about four days to New York during which time the
said Alexander made Sundry observations of the Sun's
meridional altitude and observed also the meridional
altitude of eight different remarkable Stars whereof
some to the Northward & some to the Southward of the
Zenith in two different nights that upon Allan Jarratts
return from New York on or about the Seventeenth day
of said Month of August he brought word of Captain
Walter's one the Commissioners being Sick and as
none of the other Commissioners were come they the
said Alexander and Jarratt departed for New York and
no meeting was afterwards to this day to this De-
ponent's knowledge of the said Commissioners and
Surveyors for ascertaining the said line and this
Deponent Says that by the help of sundry actual Sur-
veys since made of which he has memorandums the
lands in Question in this Suit upon a perpendicular
from the said Estimated & markt Partition line to the
best of his Judgment are upwards of seven miles
Southwesterly from the said markt Partition line And
this Deponent farther says that he hath carefully com-
puted the observations made by him and Jarratt at
Corbitts Old house & the observations made by him-
self there alone and from them hath made an estimate
where the true line of Partition ought to run accord-
ing to those observations and to the best of this Depo-
nents Judgment from thence and actual Surveys the
lands in question in this Suit lye several miles South-
westward from the nearest place (to the said lands)
thro' which the true Partition line should run And
this Deponent farther Says that in a Book in the Sec-
retary's office of New York he believes entitled a Book
of General Entries from 1686 to 1702 fo. 49 there was
an Entry as Subscribed by Andrew Robinson &
Philip Wells that by two observations of the Sun's
meridionl altitude made the eighth & twenty ninth
days of September 1686, it appeared to them & George
1743] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 149
Keith observers that the fortieth and one degree of
Northern latitude upon Hudson River is one minute
& twenty five Seconds to the Northward of Yonkers
Miln And this deponent farther Says that to the best
of his Judgment & by the help of actual Surveys a
line runing from the said point estimated by Wells &
Robinson as aforesaid as the partition point on Hud-
sons River to the said point fixed upon the Fish Kill
branch of Delaware river by the Commissioners and
Surveyors as aforesaid will leave the lands in Question
considerably to the Southwestward thereof And this
Deponent says that besides the lands in question there
are sundry lands in the actual possession of the proprie-
tors of the Eastern devision of New Jersey & their as-
signs which to the best of his Judgment are several
Miles nearer to the said estimated & markt partition line
than the lands in Question are and that he partly
knows & in part hath heard & verily believes that the
Sherifs and Justices of the Peace of the Province
of New Jersey do exercise & for many years past have
actually exercised the Jurisdiction of New Jersey upon
& to the Northward of the Lands in Question & near-
er to the said markt Partition line without any Inter-
ruption
JA. ALEXANDER.'
Sworn the twenty fifth day of January MDCCXLJF
before James De Lancey.
i An affidavit of similar import, in a case Daniel Harrison ads. Thomas Dikey, is on
page 90 of the same volume, under date of May 16, 1796.— ED
» 1742-8.
150 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1743
Letter from Secretary Hill to Mr. Fane — relative to
two Acts of the New Jersey Assembly.
IFrom P. R. O. B. T., New Jersey, Vol. XV, page 29.]
Letter to M? Fane, for h,is Opinion on two Acts
passed at New Jersey, one in Novi" 1703,
the other in Novr 1742.
To Francis Fane
March 8th 1742-3
Sir,
I am commanded by my Lords Commissioners for
Trade and Plantations to send you the two inclosed
Acts passed at New Jersey; the one Entituled An Act
for regulating the purchasing of Land from the In-
dians, Passed in Novemf 1703 ; ' The other Entituled
An Act for the Support of the Government of His
Majesty's Province of New Jersey for one Year, to
commence the 23? of Sep>: 1742, and to end the 23? of
Sepr 1743; passed the 25V of Nov^ 1742;— and to desire
your Opinion thereon in point of Law as soon as con-
veniently may be.
I am Sir
Your most humble Serv1
Tnof HILL
1 This Act, although of great importance to the Proprietors, had never received
the approval of the crown, having been transmitted without the recommendation
of the Governor.— See Papers of Lewis Morris, page 158. Both Acts were submitted
to Thomas Fane, for his opinion, and reported upon favorably, although not until
April 18th, 1743.— ED.
1743] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 151
Letter from John Hamilton to the Lords of Trade-
relative to the claim of Lewis Morris for salary
while striving to obtain the Presidency of New
Jersey.
(.From P. R. O, B. T., New Jersey, Vol. V, F. 58 |
Letter from Mr Hamilton, Eldest Councillor in
the Province of New Jersey, to the Board,
inclosing the Case stated betwixt Col° Mor-
ris & the said Mr Hamilton, relating to
Col? Morris's Claim to the Government,
before he receiv'd his Lett™ Patent to be
Govr of New Jersey. Recd August the &
1743.
My Lords.
The last I did my Self the Honr to write to Your
Lordships was on the 30th of May 1739 In that I
Acquainted you that Coll0 Morris had received And
published his Commission to be Governor of this Prov-
ince and that when he held a Council to Sign the
Warrants for the Officers Salarys. he refused to grant
me a Warrant for My Salary as President & Com'an-
der in Chief from the 23a of June 1738 to the 28 of
Aug' following, the day he published his Oom'ission as
Governor And told me he Expected T should pay him
all the Salary I had received as president from the 201!1
of October 1 73(> the time he came here and demanded
the Government and if I did not he Should be obliged
to Sue me however I heard nothing further (tho he
Still Keeps me from that Warrant) of it till last March
and then the Governor Com'enced An Action Against
me for the Salary I had received from the 2o'h of Octo-
152 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1743
ber 1736 and lays the damages att £3000. which Suit
is not Yet come to A tryall.
As I Acted whilst I was president all Along in Obe-
dience to Your Lordships directions to me so now I
humbly hope for Your protection and Assistance in
what method Your Lordships thinks proper but a Let-
ter from Your Lordships signifying that att the time
Coll? Morris demanded the Goverment in Octf 1736 he
was not then of the Council (wch by Mr Popples letter
to me certainly he was not) And of Course could have
no pretension att all to the Goverment, Such a Letter
My Lords would be of great Service to me upon this
tryall And of You would be pleased to favour me So
farr I hope to receive it time Enough befor the fcryall
comes On.
I presume to Send Your Lordships the Case Stated
betwixt Coll. Morris and My Self relating Coll. Mor-
ris's claim to the Goverment befor he received his
Letters patent to be Governor of this province which
I hope will lett Your Lordships fully into the matter
And shall take no more of Your Lordships time up
but to Assure You that I arn with the most dutyfull
regard
My Lords Your Lordships Most
humble & most Obedient Servant
Amboy June 9^ 1743 JOHN HAMILTON
The Right Honb.le the Lords Commissioners for trade
& plantations.
1743] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 153
Letter from Samuel Qellibrand, Deputy Secretary of
the Lords of Trade, to John Hamilton — in answer
to the foregoing letter.
[From P. R. O. B. T. New Jersey, No. 15, Ent. Book D, p.82.|
To John Hamilton Esqr Eldest Councillor in the
Province of New Jersey.
Sir,
In the Absence of Mr Hill, I am commanded by my
Lords Commissioners for Trade and Plantations, to
acquaint you, that their Lordships have received your
Letter dated at Amboy the 91?1 of June 17-43, by which
you inform them, that Mr Moms had commenced a
Suit against you for the Salary you had received, as
President and Commander in chief of the Jerseys,
from the 20l.h of October 1736, to the 23? of June 1738,
Whereupon you have desired their Lordships Assist-
ance, and they have ordered me to acquaint you, That
from the Death of Mr Anderson on 28Vh March 1736,
they have looked upon you to be the legal President &
Commander in chief of the Province of East & West
Jersey, and in consequence thereof, always directed
Letters and Orders to you in that Quality, till M' Mor-
ris took Possession of the Government, by Virtue of
His Majesty's Commission.
Whitehall I am Sir,
August 23? 1743 Your most humble Servant
SAM?- GELUBRAND. D. S.
154 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1743
Instructions from John Hamilton and Andrew John-
ston to John Lawrence for running the Partition
Line between East and West Jersey.
[From Original among Papers of F. J. Paris in the New Jersey Historical Society
Library, Package 6. No. 18.]
Instructions to M? John Lawrence Concerning
the K-uning the Partition Line between
East and West Jersey.
I8.* With this you'll Receive a Commission to you for
Runing the Partition Line between East & West
Jersey to the Execution of which you'll be sworn as
in the Draught of the Oath on the Back thereof.
2? You are to Employ Martin Ryerson or Gersham
Mott or some other as an Assistant Surveyor if you
think proper & also proper Chainbearers & Markers
all which are to be sworn or Affirm'd truely to Per-
form the Office you Employ them in, and to have a
Certificate of those Oaths or Affirmations indors'd on
the back of your Commission and Sign'd by the Magis
trate who Administers the Oaths or Affirmations to
them, before you Proceed to the Work, — only in Case
when you. are on the Work by reason of Sickness or
otherways you find Occasion to Employ more or other
Persons than at first you intended, you may Proceed
with them untill you Come near the Habitation of a
Magistrate & then Cause them to be Sworn or Affirm'd
before him that they have hitherto well and truely
Executed and that they will well & truely Execute the
Office you have Employ 'd them in to the best of their
Knowledge, and you are to Direct the Chainbearers in
Chaining to hold the Stick they are next to Put in
the Ground in the same hand with the Chain & within
3 or 4 Inches of the End that they are to Push in the
1743] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 155
Ground & to Stretch the Chain at Setting it in the
Ground and to Direct the Marker to Mark the Trees as
hereafter shall be mentioned—
3d!y You are to Proceed to Little Egg Harbour on the
Sea Coast with the hands by you Employ'd & there
Ascertain the most Southerly Point of a Certain Beach
or Island of Sand Lying next & adjoining to the Main
Sea on the North Side of the Mouth or Entrance of a
certain Inlet Bay or Harbour CalFd Little Egg Har-
bour, to the Ascertaining whereof the finding the
markt Trees of the Line run by George Keith in the
Year 1687, (a Coppy of whose Survey from Lib: O.
Page. 1. you have herewith) from that same Point
may be Assisting to you, for in that Line that Point
then was, & Storms may since that have altered it by
Adding to it or washing from it, but the Place where
it formerly was we Conceive is what's to be adhered to
—if the Point Remain now in the Line of George Keith
& consequently is in the same Place now where it then
was— Then
4.thiy you are to Chain Eastward upon the Main Land
untill the Point come to have the same bearing as the
Course which by your best Judgm1. you Conceive you
ought to Run for the Random Line and when it bears
that Course, you are to Compute by numbers the Dis-
tance to the Point, which by the bearing at George
Keiths Line & the bearing at this Place with the Dis-
tance Chain'd. you'll be Enabled to Do & mark that
Distance upon the nearest Lively Tree, & in your
Journal there also remarking the Course & Distance
of the Tree from your Line, and then Proceed on your
Line till you Come to the next Compleat Mile & there
mark the Number of Miles from the Point & Enter in
your Journal the Course & Distance of the Tree you
mark it on from the End of the Mile in the Line, and
so Proceed on your Line marking a Tree at the End of
Each Mile with the Number of Miles that its distant
from the Point.
156 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1743
should the now Point be different from
what it was at the time that George Keith run Then
that Variation must arise 1? by Sand or Earth being
added to the Point by Storms, or 2^!y by Washing away
the Sand or Earth, If the first has happen'd then the
now Point is South Westwards of the Point that was
in being in 1687, & Consequently George Keiths Line
Continued will Cutt the Island & as you can probably
have nothing to Direct you to know whither most was
added on the Side towards the Sea or Side towards the
Land, therefore the midle of the Island upon George
Keiths Line seems to Us most rational to be Chosen as
the Place of the Point in the year. 1687. & there a
Signal is to be sett up, or in that Place one of your
People is to stand still till you have Measur'd to your
Random Line & Observ'd the Signal or that Person to
be in your Random Line, by which you'l have the Dis-
tance to the Signal as before, & then mark & Proceed
in your Line as before—
gthiy gu^ shoui<i Storms have Wash'd away the Point
from the Place it was in. 1687. then it stands to Reason
that the Place of the former Point will be on the
Water in the Mouth of the Inlet and in such Part
thereof as will be Intersected by George Keiths Line
Continued & in a Line drawn from the Northermost
to the Southermost Points of the Inlett to which Place
a Canoe or Periagoe should be sent & when gott into
the true Place which as to George Keiths Line may be
either done by Signals from you on the Shore to Go to
the Right or Left or more speedily by takeing a Com-
pass aboard & going between the two Points of the
Inlett & moveing backwards & forwards till they in
the Canoe find you on the Shore to be in the Course of
Keiths Line, and then they are to fix the Canoe the
best they Can in that Place by Grapling or Ropes tyed
about Stones untill you have Measur'd to your Random
Line & there taken your Observation to find & Com-
1743] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 15?
pute the Distance to the Canoe which mark on a Tree
& proceed as before
•j-twy ^8 j-0 the Qourse Of your Random Line we Leave
it to your Judgment to Chuse, the same being litle
otherwise material, than that the nearer you Guess to
the true Line, the Less will your Labour be in fixing
the true Line, but tho' we Leave it to your Judgment
yet we think proper to take Notice to you that by a
Computation which has been shown to you, made by
Benjamin Eastburn Late Surveyor General of Pensil-
vania of the Traverse, which is Run by John Chap-
man about the Year, 1721. by Order of the Council of
Proprietors of West Jersey, the Course of the true
Line should then have been North 8? 42' West & Dis-
tance 14188 Miles but Allowing the Variation of the
Compass to be ore Degree in 20 Years the Course now
in 22 Years after should be N. 9° 48 Minutes West, or
nearest N. 9| Deg' West.
gthiy jn nmning your Random Line, you are to Re-
mark in your Journal everything remarkable in your
way As the Trees you mark the Numbers of Miles
upon— at the End of Each Mile, whither it be an Oak
a Pine a Walnut or whatever Tree it is, your Judgm'
of its Diameter, whether it stands on a Riseing Ground
& how the Ground inclines in that Place, if the Land
be well or badly Timbered there & of what kind, &
whatever else you can Remark that can Lead you or
others at any Time to be certain of the Tree intended
& be sure to Remark it's Course & distance in
Ch' & Links from the End of the Mile in your Line
for its not to be Expected to find Trees often Exactly
at the End of the Mile—
O*!* You are to Cause every Tree which your Ran-
dom Line cutts to be markt with three Notches on two
Sides & Lett the Notches be as neerlyas possible in the
Places where the Line goes thio the Tree, & as to the
Trees near the Line if on the Right hand of the Line
158 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1743
Let them be markt with one Blaze on the West Side of
them if on the Left hand with one Blaze on the East
Side of them, Looking to the Line & Each with two
Blazes on 2 Sides in the Course of the Line, and Lett
as many of these as time will Admitt be markt so,
and at the End of Each Mile Lett the Tree be markt
with 3 Notches on the 4 Sides besides the Number of
the Miles it is distant from the beginning Point—
10th.ly You are to Eemark in your Journal the Cross-
ing of all Brooks, Streams, Rivers with their Names if
you know them, their Breadths, their Courses & into
what greater Eiver they do Vent—
llth.ly Upon the Sight of all Houses in your Way you
are to take their Bearings in two Places of your Line,
and the nearer you can do it so as to make those bear-
ings meet at the House in an Angle of 60. Deg'.
the more certain will your Observations give you the
Exact Place of the House, but if it be 10. or 20 Deg?
more or Less it may do well enough, so upon the
Sight of any other Thing remarkable near your Line
you may fix the Place of it by two bearings as before.
12^y If Martin Ryerson or any Person be with you
who knows the Corners of any Patent or Survey thro
which your Line Runs especially those of West Jersey
beg him to Show you that Corner thereof which will
come nearest to }rour Line & Measure to it, by which
the Situation of that Patent or Survey will be fixt in
Relation to your Line—
13th.ly When you have so Proceeded in your Random
Line (makeing as few Deviations as possible & Re-
turning to your Line as soon as you are past the ob-
struction which Caus'd your Deviation from the Line)
till you have come to Delaware River which its Sup-
pos'd you'l Cutt some Miles below Minisincks Island,
and that it will afterwards go all the way thro Pensil-
vania, in Runing of which you are to mark no Tree,
& in Case of any Obstruction you have herewith a Let-
1743] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 159
ter from Mr Peters Agent for the Proprietors of Pen-
silvania to all Magistrates to Permitt you to Proceed &
to Protect you—
14°'.ly In your Passing thro this Province We Con-
ceive your Commission herewith will be sufficient Pro-
tection in so far as its made by the Authority of &
Pursuant to the Act of Assembly af? & whoever shall
Presume to Obstruct you will be therein guilty of a
Misdemeanor & Breach of the Act of Assembly & Sub-
ject himself thereby to be Prosecuted not only Crimi-
nally by Inditement or Information & to be fin'd at
the Discretion of the Court, but also Civilly for the
Damages done by the Obstruction which we Conceive
none will be so foolish as to Subject himself to—
15tb.ly When you Judge yourself to be abreast of the
Station Point on Delaware & a little further, which if
Chapmans Traverse & the Computation there be right
should be at the End of 141?! Miles added to the Dis-
tance between the Mainland & the Point of Begining
at Little Egg Harbour because Chapmans Traverse is
only from the Main Land, Then are you to Go to the
Station Point on Delaware, which you'l easily find by
the Description in the Articles of Agreement thereof
by the Comm? of both Divisions (whereof you have
one of the Original Coppies herewith) & from thence
you are to Run a Perpendicular to the Random
Exactly measureing the Distance of that Perpen-
dicular & also Exactly Measuring the Distance on
the Random to the nearest Tree or Place whose Dis-
tance you had before found, in Order to find the Dis
tance from the begining Point to the Perpendicular—
Kjthiy you may then Come back to the Place where
your Random Cutt Delaware & in your Comeing you
may Compute the Course of the true Line & the Dis-
tance of thereof from Each mile Tree of your Random
Line upon Perpendiculars rais'd from your Random to
the true Line, and for that Purpose you should Carry
160 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1743
a Table of Logarithms with you in order to be Exact
in those Computations and to find the Course by the
Logarithms the Rule is this — As the Distance from the
begining to the Perpendicular: is to Radius :: so is the
Perpendicular to the Tangent of the Angle of the
Difference between the Course of the Random and the
true Course, which Difference if the Random fall on
the West Side of the Station Point is to be Substracted
from the Course of the Random, but if on the East
Side is to be added to it, & the true course is thereby
found, Another method without Logarithms may be
this, as the Distance added to half thereof : is to 86 :: so
is the Perpendicular, : to the Difference of the Courses —
The Integers if any be in the Answer are Deg? the
Rest of the Answer is Decimals of a Degree, which are
to be Reduc'd to Minutes by this Proportion as, 100: is
to the Decimals :: so is 60: to the Minutes.
This Rule by 86. is not absolutely true but in small
Angles as in this Case comes Extremely near the
Truth, & may be Used to See if no Error be in your
Logarithmick Tables.
Then to find your Perpendicular from your Random
where it Cros'd Delaware you may Use this Proportion,
as the whole Distance: is to the Perpendicular from
the Station Point:: so is the Distance front the begining
to Delaware: to the Perpendicular at Delaware, Which
distance being Sett of brings you to the true Line there.
To find the Perpendiculars at the Ends of the Mile
Trees — find by Computation by Last Rule the Perpen-
diculars at the End of two of the Mile Trees & Sub-
stract the Least from the Greatest & the Remainder
is the Difference, or the Perpendicular at one Mile
from the begining, which being added continually
gives the several Perpendiculars, but to be Exact you
you should have that Difference to the thousandth
Part of one Link.
Ifthiy when thus you have found your true Course
and Perpendiculars, you'l See whether it be Easyest to
1743] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 161
Run & mark down the true Line from Delaware, Or
to Sett off your Perpendiculars at the End of Each
mile if your Random fall veiy wide of the Station
Point the first will be the Easyest if you fall within
half a Mile of the Station Point, then the Last way by
Setting of the Perpendiculars will be Easiest, & still
Easyer the further you come down, If you Chuse to
run down the true Line then Lett the Line Trees be
markt with Your Notches on two Sides where the
Line cutts them, and the Trees near the Line with 8
Blazes on 2 Sides parallel! to the Line & one Blaze
Looking to the Line, and at the End of Each Mile
Plant a Stake & Raise a Heap of Stones about it, &
upon the nearest tree mark the Number of Miles
as on the Random, Observing the Course & Distance
from the Heap of Stones to the tree, & what Tree it is
&c as in the 8th & 10th Instructions, & marking the
Tree also with four Notches on four Sides.
18th-ljr If thus you run down the Line you should at
the End of Every five or six Miles measure the distance
to the Random to See if it Agrees with the Computed
Perpendicular at that Place, which for want of more
accurate Instrum18 you'l always find to vary some
Links, which an Extreme small Inclination — will from
time to Time Correct, but should you neglect thus to
Compare & amend those Errors might grow consid-
erable.
19th.1y If you Chuse to Sett off the Perpendiculars
from the End of Each Mile of your random, Then at
End of the Perpendicular Plant a Stake & make a heap
of Stones around it & mark a Tree with the number you
Came from on the Random &c, as in the 17'!' Instruc-
tion, and at the heap of Stones Sett the true Course of
the Line, & mark at Least one Tree forwards &
another backwards in the Line with 4 Notches on "2
Sides & the Side Trees in the Way to those two with
Blazes as in 17"' Instruction.
14
162 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1743
*^y When you have Carryed the Line down to
the Barrens below Crosswicks we think you need not
Carry it farther because the true Line comes there
very near to the Kandom, and we think the Ran-
dom, with the Length of the Perpendiculars at Each
mile Tree will be sufficient for the remaining Part.
21. When you have thus finish'd that Work you are
fairly to Lay down on a -Map the Random & true
Lines with all the Things you Observ'd in their true
Places, and make Return to Us of the Map and a
Copy of your Field Work in Order for forming such
Certificate of the Work agreeable thereto, as may be
proper to be Recorded, you are also to Return your
Commission in Order that it may be Recorded with
that Certificate, and also the Original Agreement
& of the Station Point herewith given You.
JOHN HAMILTON.
ANDREW JOHNSTON.
Letter from Governor Lewis Morris, of New Jersey,
to Governor George Clinton, of New York.
[From Papers of F. J. Paris in New Jersey Historical Society Library, Vol. A, p. 123. ]
Perth Amboy October 22d 1743.
[Extract.
* * * * I herewith Send you Coppys of the
representation of the Proprietors of this province con-
cerning the run ing the Division Line betwixt this
Province and New York, and of a petition of Some of
the Inhabitants dwelling nigh where the Said Line is
Supposed will run, complaining of abuses by some of
the Inhabitants of New York; It is necessary that the
Lines Should be run as Soon as may be, and untill that
can be done, Some measures Should be taken to dis-
1743] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 163
courage the proceedings complained of, which, unless
done, will probably be attended with consequences,
dangerous to the publick peace in those parts: and this
I very much hope that your Excellency, by your
orders to the Inhabitants of that part of the province
of New York under your Government will endeavour
to prevent; which is all I shall at present Say upon
that head. * * * *
Petition of Abraham Vanaken and Juriam Westphale
to the Governor and Council of New Jersey-
relating to disturbances on the Northern boundary
of the Province.
[From Papers of F. J. Paris in New Jersey Historical Society Library, Vol. A, p. 129.1
To HIS EXCELLENCY LEWIS MORRIS ESQB Cap-
tain General and Governor in Chief in and
over his Majesties Province of New Jer-
sey and Territories thereon depending in
America and Vice Admiral in the Same
&c AND To HIS MAJESTIES COUNCIL FOR
THE SAID PROVINCE.
The Petition of Abraham Vanaken and Juriam
Westphale, in behalf of themselves and many other of
the Inhabitants of the province of New Jersey living
in and near to Minisinks Island in Delaware River
HUMBLY SHEWETH
THAT by the original grants of this province of New
Jersey, the Same was to be Bounded on the North by
a Streight Line between it and the province of New
York Extending from the Latitude of 41" on Hudson's
1G4 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1743
River to the Latitude of forty-one degrees and forty
Minutes on the Northernmost Branch of Delaware River
That by one Act of Assembly of the province of
New York pass'd in the year 1717, and by another Act
of Assembly of the province of New Jersey pass'd in
the year 1718-9 Commissioners and Surveyors were to
be appointed as therein directed for Runing and Ascer-
taining the said partition line by Mutuall Consent and
agreement
That in the year 1719 Commissioners & Surveyors
for the Said provinces Respectively were appointed
pursuant to the directions of the Said Acts for Run-
ning and Ascertaining the Said Line of partition by
mutual consent and agreement, and in the months of
June and July 1719 they met together for that purpose
on Delaware River and discovered the Northernmost
Branch of Delaware River to be that Branch thereof
called the fish Kill, and after Many observations of the
Latitude made on that Branch it was unanimously
agreed that the Latitude of 41? 40/ was in the Indian
Town called Cashieghtonk on the Said Branch of Dela-
ware, which Indian Town is upwards of forty Miles
above Minisink Island aforesad, and accordingly the
Said Commissioners and Surveyors unanimously Exe-
cuted Indentures under their hands and Seals Ascer-
taining the place aforesaid in the Said Indian Town to
be the North point of the Said partition Line between
the provinces of New York and New Jersey. That
the Said Commissioners and Surveyors thereupon did
direct a Line to be run and mark'd from the Said
North partition point, as near as their Judgment could
direct them, to the Latitude of 41? on Hudson's River,
which Line was in the Said year 1719 run and mark'd
accordingly and the Surveyors of both provinces Mett
at Mr Corbett's near Tapan, where they took many
observations in order for Ascertaining the Latitude of
41? upon Hudson's River, and for discovering whether
the Said Line So Run and mark'd as aforesaid, did in
1743] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 165
any thing and in what differ from the True partition
Line; but for what cause your petitioners Know not,
the Same Latitude upon Hudson's River remains as
yet unascertained, as does also the Streight Line of
partition between the Said points of Latitude upon
Hudson's River And Delaware River, if the Same
Should be found in any thing to Vary from the Line
run and mark'd as aforesaid.
That your petitioners and their Neighbours hold
Lands in and about Minisinks Islands by Titles under
this Province, and many of them have been possessed
thereof under those Titles upwards of twenty years
and some of them near forty years.
That there's So little probability that Minisinks Island
can fall into the province of New York by the True
Partition Line when Run, that your petitioners doubt
not to prove that a Streight Line drawn from the
Said partition point upon Delaware, to perth Am-
boy, will leave the Said Minisink Island to the West-
ward, and consequently that Perth Amboy and above
one half of East New Jersey will be more in danger
of falling into New York by the true partition Line
when run, than the Said Minisink Island and Lands
adjacent.
And your petitioners humbly Beg leave further to
Show that Not withstand ing their and their Neighbours
titles and long possession under the province of New
Jersey and the Said unprobability of their falling into
New York by the true partition Line when run, yet
have they been frequently taxed as inhabitants of the
County of Orange in the province of New York, and
those Taxes levied by the officers of the Said County,
many miles within this province with Such circum-
stances of cruelty and injustice as we believe are
hardly to be parallelTd, of which your petitioners can
give variety of Instances.
That Soloman Davis one of the Inhabitants of Lands
166 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1743
adjacent to Minisink Island, and one of his Majesties
Justices of the peace for the County of Morris, was
Indicted by the Grand Jury of the County of Orange
for Acting as a Justice of the peace within their Coun-
ty, when in Truth the place where he Acted was, and is
as your petitioners Conceive, Several miles within this
province, upon which Indictment the Said Davis was
fined forty pounds and to Keep himself out of prison
was oblidged \o Give his Bond, and has since paid the
Money.
That your petitioner Vanaken having the honour to
be Named in his Majesties Commission of the peace
for the County of Morris, Issued a warrant against
Johannes Westbrook Jun' and Peter Gomar for Break-
ing into a house in the Night: upon which they
were taken & Bound over to Morris County Court:
Soon after which, Coll: Vincent Mathews of Orange
County, Came to Perth Amboy, and under pretence of
Keeping the peace nigh the line of division Between
this province and that of New York he entered into an
Agreement with Joseph Warrell Esq. Attorney Gen!
which was that those people at or near Minisink who
are inclined to be under the Government of New Jer-
sey Should Signify it, by Signing a paper prepared for
that purpose: and those who inclined to be under the
Government of New York Should also Signify it by
Signing a paper, as above, and that no power Should
be Exercised over any person but by the officers of
the Government under which he had chose to be:
Upon this Agreement Mr Warrell discharged the
two persons Bound over as aforesaid. And your peti-
tioners have been Informed, and Verily believe that
the Agreement above Sett forth, was entered into by
Coll Mathews with no other intention than to get the
two men discharged that"; were Bound over as afore-
said: and not with any real intention to preserve the
peace as was pretended: for your petitioner Vanaken,
1743 J ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 10?
for taking the Subscriptions in pursuance of the Said
Agreement, was apprehended by the Deputy Sheriff of
the County of Orange, at a place Several miles within
this province, and was canned to prison at Goshen,
where he Remained twenty four days. And your Said
petitioner was lately Arrested in Morris County on a
process out of Orange County Court for nineteen
pounds at the Suit of Johannes Westbrook Jun' and
Carried to Goshen Goal, where he Remained a prisoner
for Eight days, and then was obliged to Give Bail to
the Action, and to Give a Note of hand to the Sheriff
for thirty Shillings.
That Isaac Scovenoven one of the Constables of Mor-
ris County, and your petitioner Jurian Westphale, and
Several others the Said Constables Assistants in Serv-
ing a warrant from your Petitioner Vanaken, are
Severally Arrested in Morris County, on process Issu-
ing out of Orange County County Court for nineteen
pounds, at the Suit of Johannes Westbrook Junr who
does not pretend to have any cause of Action against
the Said Constable or his Assistants, but their having
Executed the Said Warrant on him.
That Johannes Hoghtelen one other Constable of
Morris County (for what reason your petitioners know
not) had his horse Shott under him within Morris
County, Sundry* of his Goods taken from him, and
himself Committed to prison at Goshen where he has
been four weeks, and Still remains there in close con-
finement.
May it therefore please your Excellency and his
Majesties Council to take the heavy Grievances under
which your petitioners and their Neighbours do labour,
as aforesaid into your Consideration, and to Afford
them Such Relief as may put a Stop to the like Griev-
ances for the future until such time as the partition
Lane between the Said provinces Shall be finally run
and Ascertained; and that the said Line may be run
168 ADMINISTRATION OF GOVERNOR LEWIS MOERIS. [1743
as Soon as possible in order that an end may be there-
by put to the like Grievances afterwards, and your
petitioners as in duty bound Shall every pray.
[October 1743] ABRAHAM VANAKEN
his
JURIAM ^ WESTPHALE
Report of Chief Justice Robert Morris to the Board
of Proprietors of East Jersey — concerning the
Northern Boundary.
[From Papers of F. J. Paris in New Jersey Historical Society Library Vol. A, p. 137.]
MR. MORRIS Informed the Board that on the twenty
fourth day of October he waited on Governor Clinton
at New York, & delivered him a letter from Governor
Morris, which inclosed a Coppy of the Petition of
Abraham Vanaken and Jurian Westphale to the Gov-
ernor and Council of New Jersey, and coppies of two
Memorials from the Council of Proprietors of the East-
ern Division of New Jersey1 to Governor Morris con-
cerning the Partition Line between New York and
New Jersey. Upon Govr Clintons Reading the Let-
ter and papers he said it was necessary the Line
Should be run and Settled, & that Some Steps Should
be taken to preserve the peace & till that could be
done: Lieutenant Governor Clark, who was present,
Said there would be 110 way of preserving the
peace but by runing the Line. Governor Clinton
then told Said Morris, that he would take the Matter
into Consideration, and on Said Morris's return from
1 The memorials are on pages 138 and 144. In an affidavit referring to these memo-
rials, made by Chief Justice Morris in September, 1748, he draws attention to the fact
that, one of them was not from the Council of Proprietors of East Jersey, but was
composed of Committees from the two Councils of East and West Jersey.— ED.
l?43] ADMINISTRATION OF QOVERNOB LEWIS MORRI8. 169
New England, where he was then going, he would
Lett him know more of his thoughts on the Subject.
Mr Morris farther informed the Board that on the
2S'.h of October he Returned to New York from New
England, and waited on Governor Clinton to know
what Resolution he had taken Concerning the Line
of Partition; who Informed him, that he had Con-
sulted Chief Justice Delancey upon the head, and
Desired Said Morris to Give a meeting to Mr Delancey
on that affair.
On the 29l.h of October in the Morning the Said Mor-
ris spoke to Chief Justice Delancey, who desired a
meeting that evening, and Said he would give Notice
to Some of the people Concerned in Lands on that
Line to attend, and desired Said Morris to give Notice
to some others. Accordingly a Meeting was had that
Evening at Todd's The persons present were. Chief
Justice Delancey, M' Lewis Morris Jun- Mr William
Smith, Mr John M.°Evers, Mr Robert Batsey, and the
Said Morris.
The occasion of the meeting being opened, M' M°-
Evers Began, by Insisting that the Station points on
Hudson's & Delaware Rivers had been fixed in the
year 1686 by the Consent of Both Governments, but
that the Line had never been run. That the people
who held Lands under a Jersey Title to the North-
ward of those points were ordered to take out patents
from New York, and that patents were* Granted, not
only to those who had Jersey titles but to others for all
the Land to the Northward of those points So fixed on
Delaware and Hudson's River, and had been possessed
ever Since under those titles. Said Morris then
observed, that it was incumbent on him to Show
I who the persons were that had fixed those Stations.
2. what Authority they were Vested with for that
purpose.
3. who gave them that Authority.
170 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1743
4. That the persons appointing them had power to
Dispose of the Lands on each side of the Line.
5. That the persons So appointed and impowered
Did fix and agree upon the Station points.
6. Where those Station points are, that were So
fixed & agreed on.
In answer to these M? McEvers produced and read a
Letter from Governor Hamilton to Governor ffletcher,
which is Said to be wrote at the Request of the Coun-
cil of proprietors, and mentions the Station on Hud-
son's River to have been fixed by the Surveyors of
both provinces, west from Phillipse's Lower Mills, he
also produced and read part of the Act for Runing
the Division Line between East and west Jersey, and
insisted that the Course of that Line from Little Egg
harbour was to be N. 14° : 20' W. which he said
would run to the Station point in the North Branch of
Delaware which Was laid down on a Map produced
by him: But appeared to be the Westerly Branch of
Delaware, which in that Map is Made a large River
Runing North, and a Line is drawn from that Branch
to Phillipse's Mills which falls to the Southward of the
Minisink Island. Then Said Morris further informed
the Board, that from the Little Knowledge he had of
the Scituation of the Country Laid down in that Map,
he Judged it to be a very unjust one, and imagined it
made on purpose to deceive the persons Concerned in
Lands on that Line, and to tempt Ignorant people to
purchase Jersey Lands from New York patentees.
The Said Morris then produced an original Indenture
Executed by the Commissioners and Surveyors of
Both provinces, pursuant to the Acts of Assembly of
the respective provinces. By which Indenture it ap-
pears that the Commissioners and Surveyors agreed
on which was the North Branch of Delaware and,
fixed the Station point upon it. He also produced an
Original Map made by Allan Jarratt, who was the
1 743] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 171
General Surveyor for the province of New York, and
Assisted in fixing the Station point on Delaware, and
was also one of the parties to the Indenture produced,
this Map Contains great part of Jersey, part of the
River Delaware, the Station point thereon, the Ran-
dom Line, and pail of Hudson's River: and insisted
that the agreement mentioned in that Indenture, and
the Station then fixed would certainly Stand Good
unless they could show a fixing prior to that, done
by persons having authority which he imagined they
could not do, To this it was Answered; that the Com-
missioners on the part of New Jersey were all Con-
cerned in interest, and those on the york part were
ignorant of things of that Kind, that the Instrument
was Bad; And many other arguments were used
against that Settlement. M' MPEvers Grew very
warm, and declared he had Sold the Lands down to
what he looked upon to be the division Line, and had
received the money, and never would agree to any
other Line. Mr Smith Said there was great force in
M.r M'rEvers's Arguments. The Chief Justice levelled
all his Arguments against the Station point on Del-
aware: he being there most Concerned, At last M.r M.°-
Evers produced a Copy of the Jersey Boundaries;
which furnished the Chief Justice with another Argu-
ment, by which he would confine the Jersey proprie-
tors to the forks of Delaware, and from thence by a
Strieght Line to the Latitude of 41" on Hudson's Riv-
er. After this there was much talk to little purpose,
when they agreed to Meet again, and Let the Council
of proprietors know their Resolutions.
From the whole of Mr M*iEvers's Conduct at that
Meeting, Said Morris could not but conclude that he
was against runing the Line at all.
172 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
From John Hamilton to the Lords of Trade — acknowl-
edging letter of Secretary Gellibrand of August
23d, 1743.
[From P. R. O. B. T. New Jersey Vol 5, F 56.]
Letter from Mr Hamilton, Eldest Councillor in
New Jersey, acknowledging the Receipt of
a Letter, by the Board's Order, dated j>e
231? of August.
Amboy ye 15th of May, 1744
My Lords.
I have the honor of a Letter by Your Lordships
directions from M* Gellibrand the 23.d of Aug' last in
Answer to My Letter of the 9th of June 1743 and
return Your Lordships the Most Sincere and hearty
thanks for Your goodness and Justice in giving so
favourable An Answer.
Mr Morris held An Assembly here last Winter and
tho we Saw One Another Every day Yet had no dis-
course On that Subject nor has he Since (as I can
learn) given Any directions about bringing the tryall
On So that I hope I shall trouble Your Lordships no
farther upon this head
I am with the greatest Duty My Lords Your
Lordships Most Obedient and Most humble Servant
JOHN HAMILTON
R? Honble Lords Com^8 for Trade & plantations.
1744] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 173
Particulars of the Excommunication of a Chief Jus-
tice in Pennsylvania.
[From P. R. O. America & West Indies, Vol. XIII, p. 87.]
POSTCRIPT
To the
New- York Weekly Post-Boy.1
To the Printer of the New- York Weekly Post-Boy.
About the Middle of October last, I carried the
inclos'd Paper to one of the Printers at Philadelphia,
who at my Request, promis'd to give it a Place in his
News-paper, within a Week or two at the farthest.
After it had lain with him a considerable While, I
wrote to him I was informed he had decliu'd printing
it: In Answer to this, he tells me, I was misinform'd,
for that he had not declin'd printing it, but only post-
pon'd it for prudential Considerations. On this Delay,
a Friend of mine in Town applied to another Printer
of a Weekly Paper, and he undertook to insert it in
his next; but he also declined it; and now no Printer
in Philadelphia can be prevailed on to print it,— for
prudential Considerations I don't doubt! As this
extream Caution of the Printers is very unusual, I
expect that the Religious Party, who are principally
concern'd in the Consequences, have interested them-
selves in the Suppression of it. And I am the more
confirm'd in this Opinion from their frequent Attempts
of being witty on its not being printed. As the Publi-
cation of it is intended to expose Church Insolence and
Religious Tyranny, and it is presumed your Situation
1 Forwarded by Oov. Morris under date of 10th June.— See Papers of Lewis Mor-
ris, page 182, for some account of the circumstances.— ED.
174 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
exempts you from all Danger of the Practices of these
People; your inserting this and the inclos'd in your
next Post-Boy, will be acknowledged by Yours,
SAMUEL CHEW.
There is not any Thing -more generally professed
amongst Protestants, than Charity and Toleration.
New Sects, so long as they stand in Need of Tolera-
tion, never fail to preach it up, and are able clearly to
prove, that Matters of Judgment and Opinion not
being under the Power and Direction of the Will,
ought to be left free and unmolested to all Men: But
once established and confirm'd, we too often find, that
those very People who have contended for Liberty of
Conscience and universal Toleration, soon become more
clear-sighted, and plainly discover the Necessity of
Uniformity in Matters of Religion, arrogate to them-
selves a Eight to prescribe to others, and even assume
a Power of Exclusion from God's Mercy, those who
differ from them in Opinion. Instances from diverse
Protestant Persuasions might be brought to evince the
Truth of what is here asserted; but I know none more
remarkable and surprizing, than that of the People
called Quakers: It is well known, that they were at
their first Appearance, an humble, patient, self-deny-
ing People; that they preached up Charity, Forbear-
ance, and Brotherly Love; commended all Men to a
certain inward Principle or divine Teacher, placed in
their Breasts, to be the Sole Guide and Director in
Matters of Faith and Religion : They not only dis-
claimed and zealously condemned all kind of Force
and Coertion upon the Consciences of others; but bore
Persecution themselves with an astonishing Firmness.
This Spirit of Peace and Charity they maintain'd as
long as they had Occasion for it, that is, so long as
1744] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 175
they were oppressed and persecuted : But having once
got a little firmer Standing, and some Reputation in
the World, upon the score of their moral Conduct and
inoffensive Behaviour, they began to display them-
selves, and not only exact from those of their own
Community a strict Conformity to Rules and Disci-
pline, but setting themselves above that Light which
they had recommended to all Men as the only Guide,
they set up such Right to judge others for Matters of
Opinion, as was by no Means reconcileable to that
Principle of Religious Liberty upon which they first
set out: Hence Papers of Condemnation and negative
Punishments came into Use amongst them: These
indeed were at first introduced against Misbehaviour,
and as Censures for an Immoral Conduct, which was
so far right and commendable; but in process of Time,
having grown rich and powerful, and forgetting that
they were once a poor despised Remnant, the despis'd
People of God, and the People in Scorn called Quakers,
they extend their Jurisdiction, and Carry their Claim
so high, as for Differences even concerning speculative
Matters, to exclude Persons from their Society, with
hard Names, and other Marks of Bitterness, worthy
the Pope himself. This I believe, however, has been
carried higher in the Province of Pennsylvania, and
its Territories, than in any other Parts of the King's
Dominions; but for no other Reason that I can guess,
than that they are there admitted to more Rule and
Power in the State, than they generally enjoy in other
Places. Was I to stop here, I should doubtless be
taxed with great Injustice, and a Clamour would be
rais'd against me, for asserting what I was not able to
prove: To evince therefore, the Truth of what I have
alledg'd, I shall here insert a Copy of one of their Bulls
of Excommunication. But for the Information of the
Reader it will be proper to preface it with a short
Account of the Matter that occasioned it. The Gov-
176 ADMINISTRATION OF GOVEENOR LEWlS MORRIS. [1744
ernor^had recommended to the Assembly of Pennsyl-
vania, consisting chiefly of Quakers, the putting the
Province into a Posture of Defence, upon account of
our War with Spain: The Assembly, to justify their
Refusal to comply with the Governor's Proposal,
assert the Unlawfulness of War to Christians in gen-
eral, and enter into a long Dispute with him about it.
The Assembly of the Lower Counties however, where
the Quakers were the Minority, did at the Instance of
the Governor, pass a Militia Law, and therein, besides
the Directions for disciplining the People, made Pro-
vision for Arms, Ammunition, Colours, Drums, &c.
The Quakers us'd great Endeavours to defeat the End
of this Law, by prepossessing and prejudicing the
People against it, and raising a false Clamour, that it
was contrary to their Charter of Privileges, &c. The
Chief Justice of the Lower Counties, tho' a Quaker,
happen'd to differ in Opinion, with the Generality of
his Brethren, concerning the Lawfulness of Defence;
and apprehending it necessary, for his Majesty's Ser-
vice and the good of his Country, that some Mistakes
concerning the Lawfulness of Arms shou'd be removed,
thought it his Duty to enter into the Controversy, and
took an Occasion of doing it in a Speech deliver'd from
the Bench to a Grand Jury. This Speech was imme-
diately printed at the Eequest of the Jury: The Qua-
kers took great Offence at it, but never vouchsafed to
answer it, but had the Presumption, however, to call
the Magistrate to a severe Account for this part of his
Behaviour in the King's Court, and in the Discharge
of his Duty; and because he could not alter his
Opinion, or, contrary to his Judgment, basely prevari-
cate, and condemn what he had done, they erect them-
selves into God's Vice-gerents, and in order to intim-
idate other Magistrates, not only exclude him their
Society, but, in Effect, pronounce him to be out of
God's Mercy, to want Humility, or in other Words, to
1744] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 177
be in a State of Damnation. But take the precious
Memorial in their own Words.
" Whereas Samuel Chew of Kent County, on Dela-
"ware, was educated amongst us the People called
"Quakers, and has owned himself in a Public Manner
"to be a Member of our Religious Society; yet not-
" withstanding he has appeared in print, contrary to
"the good Order established amongst us, for preserv-
ing of Unity in our Society, as also contrary to our
" profess'd Principles and practices, in relation to Mili-
"tary Performances; which may be seen in a printed
"Book, called, The Speech of Samuel Chew, Esq;
" dated November 21. 1741. These Things appearing
"in publick View, we thought it our Duty to treat
" with him in a friendly Manner, in order to bring him
" to a Sense of his Error; but could not prevail with
' ' him to retract any Thing of what he had done; There-
fore as we cannot own the Work, we think it need-
"ful to disown the Author, and do hereby declare,
"that the said Samuel Chew is no Member of our
" Religious Society, until he find Mercy with God. and
" walk in Humility before him, and his Practices bet-
"ter correspond with our Principles; which that he
" may, is our sincere Desire. From our Monthly Meet-
ing of Duck-Creek, held at Little Creek the isth Day
" of the 8th Month. 1742. Signed in and by Order of
"our said Meeting, by
WILLIAM HAMANS,
Clerk.
13
178 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
Speeches of Governor Morris to the General Assembly,
with the Assembly's Address, etc.
IFrom P. R. O. B. T., New Jersey, Vol. V, F 70.]
The Speeches of Govf Morris to the Assembly of
New Jersey at Burlington, ye 22? [23?] June
1744, with their Address & Message to him;
and some Observations from the Votes of
the s? Assembly. Rec? May ye 28th 1745
Saturday, June 23, 1744.
His Excellency came to Council, and having
commanded the Attendance of the House
of Assembly, opened the Sessions with the
following Speech.
Gentlemen of the Council and Assembly.
The Accounts we have had for some time past from
Europe, give us Reason to believe that a War with
France was to be expected; for which Reason I made
short Prorogations of the Assembly of this Province,
that I might soon meet them after receiving certain
and authoritative Information that War was declared,
which I have not long since received; and his Majesty's
Declaration of War is made publick, and consequently
the Necessity known, of putting this Province into as
good a posture of Defence as we can, to prevent any
Damage from any Attempts the Enemy may make,
either by Sea or Land, and to enable us to give all the
Assistance in our Power to our neighbouring Prov-
inces, should they stand in need of it, and I am com-
manded to give upon any such Occasion.
I have more than once recommended the Passing a
Law for the better Regulating of our Militia, which I
1744] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 179
believe you are not ignorant is not in so good Order as
probably it might have been, had the Laws been more
strict; or, even loose as they were, had the Officers
done their Duty in making Distresses where they were
by Law required.
I have received a Petition from the Lieutenant and
other Officers about Trenton, against their Captain for
his Neglect in that Particular, which the Captain has
confess'd; and owns tome, that these Distresses would
have amounted to about One Hundred Pounds: But
urged in his Excuse for the Breach of his Duty, his
being compassionate.
The Money Arising by these Distresses I think) is to
be applied for the Use of the Poor (tho in my Opinion
not the most proper Application) and had they been
levied, the Poor, at least, would have had some Bene-
fit by it; and probably the Persons neglecting their
Duty more cautious of offending for the future, and
consequently better skill'd in the Performance of what
the Law appointed their Meeting for, and the Dis-
tresses for neglecting what was thereby directed: But
seems not intended to give a discretionary Power to
the Officer of making Distresses or not, thereby evad-
ing the whole Intent of the Act, and exposing those
ready and Willing to do their Duty, to the Scorn and
Derision of those who must, if at all, (under God) be.
protected and supported by their doing so.
I suppose the like Compassion (or something worse)
hath prevail'd in the Counties of Burlington and
Gloucester; for I have not heard of any Militia Com-
pany s meeting in either of those Counties; and have
Reason to believe, that men tolerably qualified to ex-
excute Military Offices, are prevail'd on to decline ac-
cepting of them; or when accepting, to neglect per-
forming the Duty of them.
Things of this Nature should not be in this Condi-
tion, because dangerous to the Publick Safety, and
180 ADMINISTRATION" OF GOVERNOR LEWIS MORRIS. [1744
especially in this Time of Wai$, with an Enemy who is
too well inform'd of the Circumstances we are in; and
(if we do not take some effectual Methods to alter
them) wants neither Knowledge nor Inclination to
make use of them to our Disadvantage.
I have more than once spoke to you on this Head,
and the last Time we met I laid before you a Letter
from the then Lords of the Regency, "Directing me
"to employ the most effectual means for putting this
"Colony into the best Posture of Defence that should
"be possible, and to be constantly upon my Guard
" against any Surprize from any Quarter whatsoever."
And a Second wherein they further direct me, "To
"put the Forces belonging to this Province into such
"a Condition, as to be able not only to repel the
" French Forces, if they should attack this Province,
"but likewise to be in a Condition, if it should become
"necessary, to attack them." What Effect these
Letters had on your Consultations you only can tell.
In what Condition we are at present to do either, is
not unknown to most here; but that we Should be in
as good a Posture of Defence, on this Occasion, as we
can be, I suppose will not be denied by any Friend to
the present Government. I therefore heartily recom-
mend to you the Passing Such Laws as will render our
Militia useful and effectual for our Defence, and that as
soon as possible: because we know not when nor
where we shall be attacked; tho' we are not ignorant
where it is not unlikely we may: And whether some
Fortifications be not needful, I refer to your Consider-
tion.
There will be Occasions of Watches in more places
than one, and probably of often Expresses; and if it
should be needful to march or transport Forces either
for our own Defence, or in Pursuit of an Enemy, or
for the Assistance of our Neighbours, Care should be
taken for Provisions, and Transports for them at the
1 744] ADMINISTRATION OP GOVERNOR LEWIS MORHIS. 181
publick Charge: And there will be a Necessity of often
Meeting the Council, which should not be made a Bur-
then to them.
I should rather this Meeting had been at a Season of
the Year when your Attendance on your private Affaire
could have been' more easily dispens'd with, would the
Circumstances of Things have admitted it. But since
Things of this kind have been formerly postponed,
and will at present admit of no Delay, I recommend
the utmost prudent Dispatch to you, that the Season
of the Year may prove as little inconvenient to you as
possible. And I pray God direct your Consultations.
LEWIS MORRIS.
Wednesday, June 27, 1744.
The House of Assembly, in Answer to the above
Speech presented the following Address to
His Excellency.
To his Excellency Lewis Morris, Esq; Captain
General and Governor in Chief in and over
His Majesty's Province of New Jersey, and
Territories thereon depending, in America,
and Vice Admiral in the same, &c.
The Humble Address of the General Assembly
of the Colony of New Jersey, in 'General
Assembly Convened.
May it please your Excellency.
We his Majesty's dutiful and loyal Subjects the
Representatives of the Colony of New Jersey, beg
leave to thank your Excellency for the Care you have
taken to so order the Prorogations of the General
Assembly, as that upon any Emergency their Meeting
ADMINISTRATION OJ1 GOVERNOR LEWIS MORRIS. [1744
might be 'sudden and answer the Purposes you are
pleased to mention.
Upon your Excellency's Recommendation to the
Passing a Law for regulating our Militia, we have
carefully and deliberately considered the Act, entitled,
An Act for tjne Settling the Militia of the Province of
New Jersey, in all its Parts, and we are humbly of the
Opinion, that as it now stands, it not only sufficiently
provides for the settling of a Militia and watches in
this Colony, but also enables your Excellency to give
what Assistance the Circumstances of this Colony will
Admit of, to any of our neighbouring Colonies that
may want it.
The executive Part of the Law we humbly conceive
to be lodg'd in your Excellency : And those Military
Officers whom you have or shall appoint, that neglect
their Duty, are accountable to you, with whom the
Powers requisite to superintend them are invested.
Had your Excellency pointed out who they are in
the Counties of Burlington and Gloucester, that take
upon them to prevail with men tolerably qualified for
military Offices, not to accept of them, or when
accepted, to neglect performing their Duty, we should
not have been wanting to join in the Examination of
their Conduct; but as no such Information hath been
brought to us, their Cases seems not to be our imme-
diate Business.
As heretofore the loyal Assemblies of New Jersey
have che'erfully granted Assistance to the utmost of
their Ability upon any Emergencies. So your Excel-
lency may be assured, they will always readily do their
Duty in providing for the necessary Expences that
may be occasioned by summoning the Forces together
according to Law, for repelling any Force that may
invade us at Home, or for the Assistance of our Neigh-
bours, or indeed upon any necessary Occasion whatso-
ever.
1744] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 183
What further remains to be considered on these
Heads, we hope your Excellency will permit us to
consult our Constituents upon. It is now Harvest
Time, and many of the Mem here being from Home, is
very Disadvantageous to them. A Recess till the usual
Time for doing Business, we humbly conceive cannot
be prejudicial to the Publick: Nor any Business that
could now hastily be done, so well answer the good
Ends your Excellency has in View.
It is both our Duty and Interest to provide for the
Safety of this Colony, by putting it into the best
Posture of Defence we are capable of doing. This in
the Time of our Recess, will become the Subject of our
Consideration; and at our next Meeting, if we can think
of any thing that will be further serviceable to the
Colony, we shall then take it into our most serious
Consideration, and make Provision accordingly.
Several of the Members
being of the People called
Quakers do agree to the
Matter and Substance of
the above Address, with
the usual Exception to the
Stile.
By Order of the House,
A. JOHNSTON, Speaker.
Friday, June 29.
His Excellency made the following Speech to
the Assembly.
Mr. Speaker, and Gentlemen of the Assembly;
When I Spoke to you last from this Place, I gave
some Instances which I conceived shew'd plainly
enough some of the Deficiences in the Militia Act.
The first was of one of the Captains who had not made
any of the Distresses appointed by that Act to be made
184 ' ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
•
upon the Persons not complying with the Directions
of it; and which by his Confession of the Thing, and
owning the Value of what he believ'd the Distresses
would have amounted to, shew'd the Instance given
to be true; and consequently that such a Number of
Men, whose Defaults would have amounted to so large
a Sum as One hundred pounds, had not been trained,
as by that Act was directed they should have been;
and therefore, probably, not so knowing in the Per-
formance of what the Law appointed them to be
trained for, nor so useful as they might have been,
had the Law been more strictly put in Execution.
I mentioned to you, that all the Excuse he made for
the Neglect of his Duty (or what I conceive to be so)
was his Compassion: But that the Law seemed not to
intend to give a discretionary Power to the Officer to
make Distresses or not, thereby evading the whole
Intent of the Act.
I am still of the same Opinion; because the Law not
only impowers the Captain or Commanding Officer to
make out Warrants of Distress, to distrain upon the
Goods and Chatties of the Persons neglecting, but
requires him to do it, So that the making such Dis-
tresses is his Duty to do, and the Neglect of it a Breach
or Neglect of that Duty that the Law requires of him ;
and by that Means eludes and evades the main, if not
the whole Intent of it. But there is not in that Act
(that 1 can find) any Punishment appointed for that
Offence, which I take to be one great Defect of that
Law, and tends to render the whole in a great measure
useless.
I did suppose (and I think with Reason) that such
Compassion (or something worse) had prevail'd in the
Counties of Burlington and Gloucester, for that I had
not heard of any Militia Company's meeting in either
of those Counties; and had Eeason to believe that Men
tolerably qualified to execute Military Offices, were
1744] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 185
prevail'd on to decline accepting of them, or when
accepting, to neglect the performance of the Duty of
them.
That Officers have accepted of military Commis-
sions, and others hay_e declin'd accepting of them in
those Counties and elsewhere, is well enough known
to me; That there has not been any meeting of Militia
Companies since I came to the Government, in either
of these Counties, I have been inform 'd, and I believe
you or the Members of those Counties know it to be
true, that there has been no such Meeting; and conse-
quently that those accepting of them, have been
prevailed upon to decline the Execution of them, and
others to decline accepting them is manifest: But
whether prevail'd on by the Persuasion of Men, or by
what other Motive I could not, nor did not say. But
prevail'd on they were, if no such Companies met.
I laid this as a Fact before the Gentlemen of the Coun-
cil and your Honourable House, that proper Provisions
might be made to prevent the like for the future; it
not being very material or much worth your Enquiry
whether any Body pei*suaded them or not, if the tine
End of the Militia Act be answered, and which I am
willing to hope you will give all the Help in your
Power to do.
There is a Provision in the Militia Act, that if any
Person appointed by the Captain, to be a Serjeant or
Corporal, shall refuse the Office, he shall forfeit the
Sum of Twenty Shillings. But there is no Provision
made in case of the Refusal of a Captain, Colonel,
Lieutenant Colonel, Major, &c. which are each as
necessary as a Serjeant or Corporal; and which (as
things are circumstanced) People are not easily pre-
vailed upon to accept.
The Quantity of Powder and Lead appointed to be
had on Appearance, and the Quantity appointed for
each Man to keep by him, seems to me to be too small :
186 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
And the Application of the Fines to be raised for the
Neglect of Appearance to the Poor, seems not to be so
proper and useful an Application, as if they were
applyed to some Military Purpose.
The Fines also for not appearing or not having
Fuzees, &c. seem to me too small to answer the Pur-
pose intended by them.
There is a Clause in this Act, in which it is said,
That it shall and may be lawful for the Captain Gen-
eral, &c. for the Time being, in Case of Invasion, to
call all, or so many of the Persons together for repel-
ling the Force of an Enemy, or order such Detach-
ments for the common Defence, as he shall think fit,
to follow and pursue the Enemy into any of the
neighbouring Governments, &c.
You may think, and perhaps do, that this Clause
enables the Governor to defend the Inhabitants, to
pursue an Enemy into a neighbouring Province, or to
assist them upon Occasion; but if you do, you are
(pardon the Expression) much mistaken.
The King's Letters Patent under the great Seal,
gave to the Governor who passed that Act, the Power
of calling the Forces of this Province together, at such
Times and Places as he judg'd proper in Case of Inva-
sion, Insurrection or Rebellion, (not mentioned in our
Act) and to march them against an Enemy, and pur-
sue them out of this Province into any of the neigh-
bouring Provinces, and to give them Aid in any such
Case if they needed it: And the Act of Assembly is
only Declarative of the Power lodged in him, by
Virtue of the Letters Patent, antecedent to the making
of that Act. And the Governors of this Province
could, and can do all this, tho' no such Clause had
ever been made. So that the Governor has no Addi-
tion of Power by Virtue of this Act; and the utmost
Force of it, is only to train the Men, and teach them
the use of Arms if they had them: And were it
1744] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 187
effectual for that Purpose (as I think it is not) it would
be at best but a good Preparation to make them fit to
encounter an Enemy and pursue them: But unless
subsisted with Provision and supported, cannot long
resist an Enemy or pursue; Cannot be marched from
one Place to another in our own Province, nor trans-
ported to assist a neighbouring one. And no provision
being made for this in the Militia Act, is the grand
Deficiency of it; and without such Provision, the Act
(except what it directs concerning the training of the
men) is not worth a Rush; the Captain General having
Power sufficient (as I said before) to do every Thing
which that Act says, it shall be lawful for him to do,
if that Act had no being.
The Militia, or what we call the Militia, in this
Country, is not a select Part of the People as it is in
England, set apart for that Purpose, and under Offi-
cers ready to be made Use of on Occasion, and when
there is need for them, employed and payed at the
Publick Charge; but the whole .Body of the People
from Sixteen Years of Age to Fifty. It is fit that all
these People should be trained and taught the Use of
Arms, and it is chiefly for this that the Militia Act is
intended. Part of these People that are nigh to the
Place where an Enemy makes an Attempt, may be
got together and make some Defence, but it will be
found very difficult, if practicable, to keep them
together, if some Provision be not made for their Sub-
sistence and Support.
It is the Duty of every Man to resist an Invasion,
and consequently every one ought to share in the Ex-
pence that it occasions, and not to let it fall solely on
those who are employed to venture their Lives in
making the necessary Resistance. Such Numbers of
those as it will be necessary to employ on these Occa-
sions, and to march from Place to Place in our own
Government, or to be transported in Aid of another
188 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
will naturally think, that they ought not, nor cannot
leave their Families and several Farms or Occupations,
by which they are supported, to serve the Publick
without being paid for it by the Publick, any more
than you can leave yours to attend the Services you
are chosen for, without being paid for it. This is the
Practice of all Countries in some Method or other,
and the Practice of our Mother Country, as you may
see, by the several Militia Acts, the 13l.h, 14*?1, 15^ of
Charles II. the 1st of George, and indeed during the
Reigns of King William III. Queen Anne and King
George, Acts were annually made for raising the Mili-
tia: Which Militia are always to be employed as there
is Occasion, and such as are employed to be paid in the
Manner directed.
The making some Provision of this kind is necessary
at this Time, and that without making any unneces-
sary Delays. The doing what we can do in this Case
is much more likely to prove effectual for the Defence
of our Country, if there should be any Attempt made
upon it, than the Meeting three or four Times a Year
to hear a Drum rattle or see some Colours waved, and
it may be getting drunk into the Bargain, can do; tho'
such Meetings are not without their proper Use, to ren-
der Men more fit than otherwise they would be to de-
fend their Country; but without something more will
never defend it.
Gentlemen, I need not repeat what I so lately
said both to the Council and yourselves. Our Accounts
of the Attempts of the Enemy upon our Neighbours with
so great a Force as five Thousand Men, makes it reason-
able to think they have further Views, and ought to
warn us to prepare as much as we can for our Defence
without any Delay ; and therefore I must earnestly in-
treat you to set heartily about it, and to shew by your
Deeds that you have the Interest and safety of the Coun-
174:4] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 189
try at Heart, and are truly His Majesty's loyal and Affec-
tionate Subjects, which I doubt not you will gladly
embrace all Opportunities of doing.
LEWIS MORRIS.
Tuesday, July 3, 1744
The House of Assembly, in Answer to the above
Speech, sent the following Message to His
Excellency.
Ordered,
That M' Eaton, and M' Cook do wait on His Excellency
and acquaint him, That this House being willing to
pay the Regard due to what was recommended to them
by his Excellency, committed his Speech of the 29lh of
last Month to a Committee of the whole House, where
it was maturely consider'd, and found in Substance to
differ but little from what the House before under-
stood to be the Import of his Excellency's first Speech
on which they then came to sundry Resolutions, and
communicated them to his Excellency in their Address
wherein they assure his Excellency That they will
always readily do their Duty in providing for the ne-
cessary Expences that may be occasioned by summon-
ing the Forces together according to Law, for repel-
ling any Force that may invade us at Home, or for
the Assistance of our Neighbours, or indeed upon any
necessary Occasion whatsoever.
That the Expence that will attend Things of that
Nature, are so uncertain, and the providing for it be-
fore hand, attended with such innumerable Difficulties
that they humbly conceive the Assurances given are
sufficient at present, and that on the whole, they see
no Cause to alter their Sentiments from what they then
were on those Heads.
190 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
That as to the Attempts of the Enemy upon our
Neighbours, it is now near a Week since that Report
came to Town, and no Express yet arriv'd to his Ex-
cellency to confirm it, that the House has heard of,
they therefore hope it may prove groundless.
That altho' the House are under the Misfortune
of differing in Sentiments from his Excellency re-
specting the Act of Assembly for settling the Militia
that hath been many Years in force in this Colony,
they nevertheless hope to shew by their Deeds on
every Occasion, That they have the Interest and Safe-
ty of the Country at Heart, and are truly His Majes-
ty's loyal and affectionate Subjects.
And that the House humbly prays his Excellency to
grant them a Recess till the usual Time of doing busi-
ness.
Thereafter his Excellency dissolved the As-
sembly with the following Speech.
Mr. Speaker and Gentlemen of the Assembly,
I Endeavour'd to shew you when I last spoke to you,
that it was necessary to make some Provision for the
Defence of the Country, in Case we should be attacked,
as we might be. I represented the Case of our Neigh-
bours, who had been attacked. This tho' I have re-
ceived no Account of is by Express, and perhaps never
may, (this Government being too remote to give any
Assistance to Newfoundland, Nova Scotia, or South
Carolina,) Yet by undoubted Accounts the Thing ap-
pears too true. The Council, sensible of the Danger,
prepar'd a Bill which they pass'd and sent to your
House, which, contrary to the Duty of your Station
and of evident ill Consequence to the Publick, you
have order'd to lie on your Table, and by your last
Message you flatly tell me [That the Expences that
1744] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 191
will attend Things of that Nature, are so uncertain,
and the providing for it before Hand, attended with
such innumerable Difficulties, that you humbly con-
ceive the Assurances given are sufficient at present;
and that on the whole ^ou see no Cause to Alter your
Sentiments from what they then were on these Heads]
which is peremptorily saying (whatever your Promises
be) that you will make no Provisions at all for the
Defence of the Country before they are invaded. This
is so far from shewing any Loyalty to your Sovereign
that it shows the contrary, as well as a firm Resolu-
tion not to make any Provision for Defence, and a
want of Affection for your Fellow Subjects. I there-
fore by Virtue of the Powers and Authorities to me
given under the great Seal of Great Britain, do dis
solve this Assembly, and you are accordingly dis-
solved.
LEWIS MORRIS
AN ABSTRACT of the Bill, entitled, An Act for Set-
tling and better Regulating of the Militia of the Prov-
ince of New-Jersey, and for making Provision in Cases
of Insurrection, Rebellion, or Invasion; pass'd by the
Council in June 1744; and sent by the Council to the
House of Representative, for their Concurrence; who
upon a second Reading of the said Bill, would not
commit it, but ordered it to lie on the Table,
1. The Preamble to the Bill, sets forth, that a due
Regulation of the Militia, and making Provision in
Cases of Insurrection, Rebellion, or Invasion is abso-
lutely necessary for the Security, Preservation, and
Defence of this Province at this Time, when his Maj-
esty is engaged in a most just War with France and
Spain.
2. That the Acts now in force do not sufficiently
provide for the same.
192 ADMINISTRATION OP GOVERNOR LEWIS MORRIS. [1744
3. That therefore for the better Security of the
Religion, Lives, Liberties, and Properties, of his Maj-
esty's Subjects. Inhabitants of this Province, it was
by the Council proposed to be enacted in this Bill, as
follows, viz.
1. That after the Publication of this Act, every Cap-
tain should make a true and perfect List of all the
Men within the District or Division of which he is
Captain, between the Age of Seventeen and Sixty,
which he shall give to the Colonel, or Chief Officer of
the Militia in that County or Regiment to which he
belongs, on or before the first Day of September next,
and so on the first Monday in September Yearly, dur-
ing the Continuance of this Act.
2. That the Captain General or Commander in Chief
may order one or two Troops of Horse (as he shall
think it necessary) consisting of 50 Men each, besides
Officers; to be rais'd in each County, in Manner follow-
ing, viz. upon an Order from the Governor or Com-
mander in Chief to the Colonel or Chief Officer of the
Militia in each County, he shall call together all the
Officers under his Command, as low as a Captain (who
are commanded to give him the best Information they
can for that Purpose) and shall make a Draught out
of the several Militia Companies in the County, of such
a Number as are able to furnish themselves with Horse
and Troopers Accoutrements (afterwards mentioned)
as may make up one or two Troops of the Number
aforesaid; and a List of the Men so draughted, shall
be delivered to Persons appointed to command the
Troop or Troops: And in Case of Deficiency by Death
or otherwise, the Colonel or Commanding Officer,
assisted as before, to make new Draughts to make up
the Deficiency.
3. Every Person of a Foot Company shall be armed
with a good musket or Fusee, well fixed, and a Bayo-
net fitted to it, a cutting Sword or Cutlace, a Cartouch
1744] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 193
Box, or Powder Horn, with H Charges of Powder, and
<> sizeable Bullets at least, and shall appear at the Time
and place of Muster so armed; and shall keep at his
Place of Abode, besides' what is above mentioned, one
Pound of Powder, and four Pounds of Bullets, and
shall bring them into the Field if required. Each
Horseman shall be provided with a good Horse, Saddle,
Breast Plate, Crupper, Kirb Bridle, Holsters, a Case of
Pistols, Cutting Sword or Cutlass, and double Cartouch
Box, and six Charges of Powder and Ball, and shall
constantly appear so armed at mustering Time and
Place. And shall keep at the Place of his Abode,
besides the Armsabovementioned, awellfix'd Carbine,
with Bolt, Swivel, and Sling, one Pound of Powder,
and four Pounds of Bullets; and bring them into the
Field when required.
3. That the Colonel or Commanding Officer, in each
County, shall muster and exercise all the Companies
under his Command, at least once a Year, and oftner
if required by order of the Captain General.
4. That every Captain shall exercise his Men four
Times a Year, viz. the second Monday in August and
November, and the last Monday in February and May,
and at such other Times as shall be ordered by the
Captain General; and the Captains to give strict
Charge to their men not to fire any Small Arms or
consume any Ammunition unless order'd to the con-
trary by the Superior Officer.
5. Soldiers during the Time of Exercise, subjected
to the Command of their Officers, and on Disobedience,
punishable by Martial Law, but not to extend to Life
or Member.
6. That any Person appointed by the Captain Gen-
eral to be an Officer in any Regiment, Troop or Com-
pany who shall refuse to serve, shall forfeit, viz. a
Colonel Ten Pounds a Lieutenant Colonel Eight
Pounds, major Six Pounds, Captain Five Pounds,
14
194 ADMINISTRATION OF GOVEENOE LEWIS MOEEIS. [1744
Lieutenant Three Pounds, Ensign, Cornet Adjutant
Two Pounds, and a Serjeant or Corporal appointed by
the Captain Twenty Shillings. Every Captain failing
to appear, or appearing, neglecting to exercise his
Company, shall forfeit, viz. a Captain Fifteen Shil-
lings, a Lieutenant, Cornet or Ensign Ten Shillings,
every Soldier Five Shillings: Or appearing without the
Arms, &c. directed, shall forfeit, viz. for want of a
Musket or Fuse Two Shillings, if not well fixed, One
Shilling, Sword or Bayonet, One Shilling, Six Charges
of Powder and six Bullets, One Shilling. Every Per-
son draughted as aforesaid for a Trooper, neglecting to
appear at the Meeting of the Troop, to forfeit Ten
Shillings: appearing without a good Horse, Five Shil-
lings, not having a good Saddle, Breast Plate, Crupper,
Kirb Bridle, and Holsters, or any of them. Three
Shillings, a Case of Pistols, Three Shillings, not having
any of the other Articles required Two Shillings, and
not provided with the Arms and Ammunition directed,
at the Place of his Abode, Six Shillings. That the
Fines and Forfeitures impos'd upon any Person under
the Degree of a Commission Officer, be paid to the
Captains, and by them apply'd to the purchasing of
Drums, Colours, Halberts, and other Arms and Am-
munition for the Use of the Companies: and if not
paid, the Captain to make out his Warrants to one of
his Serjeants or Corporals to distrain; which Distresses
shall be made but once in a Year; for all the forfeit-
ures within that Year; and the goods distrained, sold
at Vendue; and out of the money arising by such Sale,
to pay the Forfeitures, and return the Overplus (if any)
to the Owners, deducting One Shilling for his Trouble;
and if no Goods to be found, one of the Field Officers
may commit the Defaulter to the common Goal till he
shall pay the Fine.
8. That each Captain be required and commanded
to send a Serjeant once a Year to the several Places of
1744] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 195
Abode of those of his Troop or Company, to examine
whether they have the Arms and Ammunition
directed: And if any of them refuse, or neglect to
shew them to the Serjeant, upon the Serjeant's Oath
thereof, or of his not having the Arms, &c. he shall
pay the Fine directed; and on Refusal, the Captain to
proceed in the Manner before directed.
9. That each Captain shall keep an exact account of
all Fines received by him, and how he has dispos'd of
the same, and deliver such Account so kept, under His
Hand to the commanding Officer of the Regiment to
which he belongs; and shall take into his Charge and
Care, all the Arms, &c. as shall be purchased by the
Fines arising from his Company, and keep them in
good Order and fit for Service; for which he is to have
reasonable Satisfaction allowed by the Colonel or
Superior Officers, to be deducted out of the Fines; and
the Captain, his Executors, &c. accountable for such
Arms to such Persons as shall succeed him in the
Command; and any Captain refusing or neglecting to
apply the Fines by him receiv'd, shall forfeit double
the Sum of the Fines receiv'd, and not apply 'd as
aforesaid.
10. That the Captain may deliver out such Arms,
&c. at the time of Training, as are in his Charge, to
such of his Company as he shall judge unable to pur-
chase them; who shall when Training is over, return
them, the Captain making Allowance for the Ammu-
nition spent at that time: And if the Person to whom
such Arms A:c. out of the Stores are delivered, shall
detain or embezzel them, he shall be committed to
Goal until he make Satisfaction.
11. To prevent any wilful and obstinate Defaulter
escaping the Fine or Penalty directed, all Captains are
to take an exact Account in Writing of every Default
or Offence in his Troop or Company, by whom done,
and at what Time; to sign and deliver the same to the
196 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
Commanding Officer of the Regiment, the first Mon-
day in September yearly, on Penalty of Forty Shil-
lings for every such Neglect; or having delivered them,
shall neglect by the Space of two Calendar Months to
recover the Fines, the Captain that shall neglect, shall
forfeit double the Sum of the Fines neglected to be
recovered; to be paid to the Colonel of the Regiment,
and apply 'd as before directed.
12. And because Defaulters may have a just Excuse
for not complying, if the Colonel shall judge the
Excuse reasonable, he shall order the Captain not to
take the Fine.
Ig. Every Captain may make one of his Company
Clerk; who shall be excus'd from carrying of Arms,
except in Cases of Rebellion or Invasion.
14. Every Commission Officer of the Militia shall,
before he acts, take the Oaths appointed by an Act,
entitled, An Act for securing his Majesty's Govern-
ment of New-Jersey.
1 5. No Innholder or other Person shall sell drink to
any Soldier, on the Day he is to appear in Arms, at
the Place of his Training, or within a Mile of it, with-
out a Licence from the Commanding Officer, express-
ing what Liquor he permits to be sold, on the Penalty
of Three Pounds; and a Soldier appearing drunk under
Arms, that Day, shall pay Five Shillings.
16. No Officer or Soldier directed to appear and
muster, or that shall be appointed to watch, shall be
liable to be taken by any Officer in any civil Action
whatsoever, on the Day he is directed to appear or
watch, or in going to, continuing at, or returning
home from the Place or Places appointed for Muster
or Watch.
17. All Persons not Officers, in and of the JOfovern-
ment, appearing at the Time and Place of Training,
shall be subject to the Commanding Officer then
present.
1744] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 19?
18. That the Fines on Persons refusing to serve in
Military Offices, and on Officers neglecting to do their
Duty, shall be paid to tEe Colonel, or chief Officer of
the Regiment to which they belong; who, on their
Refusal to pay, shall issue his Warrant to such Officer
as he shall appoint, not under the Degree of a Lieu-
tenant, to levy the Fines due, by Distress and Sale of
Goods as before directed; and all Fines so levied by
the Colonels, &c. shall by them be apply 'd to the pur-
chasing of Arms, &c. for the Use of the Regiment,
&c. and the Colonel or chief -commanding Officer, for
his Purchasing and Keeping the Arms in order, shall
deduct so much for his Trouble, as shall be tho't rea-
sonable by the rest of the Field Officers of the Regi-
ment.
19. That the Horse and Furniture, Arms and Ammu-
nition, provided and kept in Pursuance of the Act, be
free and exempt from being impress'd, and from being
seized by any Distress, Attachment, or Writ of Execu-
tion; which if made and serv'd upon any of the Prem-
ises, shall be so far unlawful and void: and the Officer
or Person that presumes to make, or serve the same,
be liable to the Suit of the Party griev'd; wherein
double damages shall be given upon Recovery.
20. That it shall be lawful for the Captain -General,
&c. in Case of Invasion, or Insurrection, or Rebellion,
to call all or so many of the Regiments, Troops, or
Companies together for repelling or suppressing such
Invasion or Insurrection; and to order such Detach-
ments for the common Defence as he shall think fit;
and in Case of need to march them into the neigh-
bouring Governments; and any Soldier summoned,
who shall fail to appear, shall pay Forty Shillings.
21. That when the Captain-General or Commander
in Chief shall direct any Watch to lx? kept in time of
war or Danger, the Colonel or other chief Officer to
whom such Directions are signified, shall issue his
198 QB ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
Orders" to the Captains to appoint such Number of
Men to appear with their Arms at such Time and
Place as the Colonel shall appoint; which Watch shall
be reliev'd by Order of the Captain, &c. equally
through all the Companies in the Regiment: And
every Person refusing to appear, or to send a Man
sufficient in his Room, shall forfeit and pay the Sum
of Ten Shillings; and every Person that shall leave the
said Watch before reliev'd by some Person appointed
to watch, shall forfeit Forty Shillings; provided no
Person be oblig'd to continue longer on the Watch
than 24: Hours at one time; and such Watch shall
make such Signals, and give such Alarms as directed;
and every Officer or Soldier hearing such Alarm, or
seeing such Signal, shall obey such Orders for repeat-
ing the same, or calling together, or marching, &c. as
he shall receive from his Officer, &c.
22. The Quakers to be exempted from all the Duties
required, and the Penalties inflicted by this Act; and
instead thereof, each of them to pay Three Shillings,
for every Day that other People shall appear in Arms,
to the Overseers of the High Ways, to be apply'd to
the repairing Bridges and High Ways; and in Case of
Non-Payment to be recovered in any Court where the
same is cognizable, with full Cost; and the Overseer
to take to his own Use Ten per Cent, for what he shall
so recover.
OBSERVATION. Many blame this Clause and think it
unreasonable, and inconsistent with the Publick Safe-
ty, to exempt anybody from the known Duty of all,
to defend their Country; and say, let the Tenderness
in Conscience of those People be real or pretended,
which themselves can only know, and for which there
is no Evidence but their own Words; which for any-
thing the Publick do, or can know, may be false, and
at best (if true) is a Weakness which should not be
indu]g'd, and is not (in this Case) indulg'd any where:
1744] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 199
Yet if the Publick here think fit to do it, and direct
them to do something else instead of bearing Arms,
the Refusal or Neglect of doing what is so directed,
should rather be more Penal than the Neglect or Re-
fusal of bearing of Arms; because they (the Quakers)
are secure from the Danger of their Laves, to which
others (in Case of Invasion, &c.) will be expos'd; or at
last equally penal and recoverable with equal certainty,
and no greater Difficulty.
Common Experience has shewn, that many are not
so conscientious and sincere as they should be; and if
a Man can be exempted on the Paying of Three Shil-
lings for every Day he does not appear in Arms, in-
stead of five, and all the other Penalties for not hav-
ing Powder, Bullets, and Arms well fix'd; is it not
easy to see which a Man would choose? Those who
want Courage to fight in Defence of their Country,
may not want Impudence to pretend a Tenderness in
Conscience against the Use of the Carnal Weapon,
when it is so much for their Advantage to do so; and
by this Law expose Quakerism to the Reproach of be-
ing an Asylum or Sanctuary for Cowards. — The Ob-
jectors againt this Clause as it stands in the Bill, say
farther, that if the Tenderness in Conscience be real (as
in some few Cases it may be with some Weak Men) Yet,
that neither can, nor ought to be judg'd sufficient to
exempt them from having the like Quantity of Arms
and Ammunition in their Houses that other Men are
appointed to have, and under the like Penalties; which
if they cannot, or will not use themselves, other Men
may.
23. That in Case of Invasion, Insurrection, or Rebel-
lion (and not otherwise) every Captain is to raise the
Company under his Command, and sen4 immediate
Intelligence to the Colonel of the Regiment, and he to
the Commanding Officer of the next adjacent Coun-
ties, and in the mean time to keep the Militia hi Arms;
200 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
and every Commanding Officer to whom such Intelli-
gence shall come, shall forthwith dispatch an Express
to the Governor, &c. and for that Purpose is impow-
ered to press Boats and Hands, Men and Horses, as the
Service may require, to dispatch such Intelligence;
and till Order arrive from the Governor, &c, shall draw
the Militia of his County together, in such Place as he
shall judge most convenient -for the Opposing of the
Enemy.
24. That upon raising and continuing Forces in
Case of Invasion, &c. it shall and may be lawful by
Warrant from the Governor, &c, or any Colonel,
Lieutenant-Colonel, or Major, to impress Sloops,
Boats, Hands, Carts, Waggons, Draught-Horses,
Tools, Utensils, &c. useful for Digging: able Men
to go in Sloops, Boats, Smith, Wheelwright, Car-
penter, or other Artificer, whatsoever. — Provided that
no Tools or Instruments impress'd, be made use of,
nor Boats, Waggons, Horses or Oxen till Appraisement
be made by two lawful Men upon Oath, and an Esti-
mate made of a suitable Allowance by the Day, for
the Use of the jBloop, Boat, Cart, Waggon, Horses,
&c. and every Person impressing, to take care that
such Appraisment and Estimate be made, and give a
Eeceipt to the Owner, with the Account of the Ap-
praisment, and for what Use impress'd, upon pain of
being liable to the Action of the Party griev'd for an
unlawful Seizure.
25. That the Owners of Provisions, Tools, Utensils,
&c, impress'd or taken up, shall be paid by the Pub-
lick, according to the Value apprais'd, and that the
Owners of any Sloop, Boat, Cart, Waggon, Horses,
Oxen, so taken up and employed, shall be paid by the
Publick for the Use of them, according to the Esti-
mate made, and in Case any Sloop or Boat be cast
away and lost, and Cart or Waggon destroy'd, any
draft Horse kill'd the Owner to be paid for the same
1744] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 201
according to the Appraisment, and Half-pay for the
use thereof; and if any Boat, Sloop, Cart, &c, be
damnified, or any Horse or Ox hurt and disabled in
the Service then Satisfaction shall be made according
to the Damages receiv'd. Provided and so meant, that
all such Damage be inquired and found by two indiff-
erent Persons upon Oath, to be chosen and appointed
by any Justice of the Peace within the County where
the Person receiving Damages resides.
26. That Expresses shall be paid at the Rate of four
Shillings a Day for a Footman, and Six Shillings a
Day for a Man and Horse for as many Days as em-
ployed or detained.
27. That the Gentlemen of the Council, Representa-
tives, Ministers of the Gospel, the Judges, Attorney
General, Secretary, Clerks of Courts, Justices of Peace,
Sheriffs, Under Sheriffs, Coroners, Physicians, and
Millers actually tending Grist-Mills, be exempted from
the Duties, Fines, and Forfeitures impos'd: Provided
and it is in the Intent of the Act, that every Person
hereby exempted, shall keep at his Place of Abode, one
good Musket or Fusee, one Pound of good Powder,
and four Pounds of sizeable Bullets, under the Pains
and Penalties impos'd in like Cases; to be enquired
into and recovered by the Colonel or one of the Field
Officers by him appointed, in any Court where the
same is cognizable, and apply'd in the Manner before
directed.
28. That the Act, entitled. An Act for Settling the
Militia of the Province of New-Jersey; pass'd in the
fourth Year of his Majesty's Reign, and all Acts con-
tinuing and reviving the same, be repealed.
29. Provided that neither this Act nor anything
therein contained, shall be of Force longer than five
Years; and from thence to the End of the next Ses-
sions of the General Assembly.
OBSERVATIONS from the Votes of the Assembly.
202 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
When the Governor spoke to the Assembly at their
first Meeting on June 23d 1744, concerning the present
Condition of the Militia, of this Province, and recom-
mended to them, the passing of such Laws as would
render it useful and effectual for our Defence (as ap-
pears by his first Speech above) The Assembly (as ap-
pears by their Votes of June 25) after a second Read-
ing of this Speech, referr'd it to the Consideration of a
Committee of the whole House.
The next Day, June the 26th, the Committee re-
solv'd that an humble Address be presented to his Ex-
cellency in Answer to his Speech, and that he be
thank'd for his Care of the Colony; to which the House
unanimously agreed. — They next resolv'd, that it is the
Opinion of this Committee, on due Consideration of
the Act now in Force, for settling of the Militia, that
the said Act is sufficient for regulating of the Militia.
This was not unanimously agreed to, but upon the
Question being put, it was carried in the Affirmative.
YEAS. NAYS.
John Eaton, Samuel Leonard
Robert Lawrence, Thomas Farmar,
John Van Middleswart, Samuel Nevil,
Dirrick Van Veghten, Joseph Bonnel,
Lawrence Van Buskerk, George Vreeland,
David Demarest, Aaron Learning.
Richard Smith, a profess'd Quaker,
Isaac Pearson, a profess'd Quaker,
William Cook, a profess'd Quaker,
Thomas Shin, a profess'd Quaker,
Joseph Cooper, a profess'd Quaker,
John Mickle, a profess'd Quaker,
William Hancock, a profess'd Quaker,
John Willets, a profess'd Quaker,
Daniel Doughty, a profess'd Quaker.
William Mott.
1744] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 203
It appears by these Votes, that Thomas Farmar,
and Aaron Learning, were then of Opinion, that the
Act now in Force, for settling the Militia was not
sufficient for regulating the Militia, or they voted con-
trary to their Opinions.
Col. Farmar, Messi-s. Cook, Smith and Lawrence,
were Appointed to prepare a Draft of the Address
agreed on; and on June the 27th it was deliver'd in at
the Table, and read, and some Amendments made to
it, in the House; and on the Question, whether the
House agreed to it or not, it was earned in the affirm-
ative.
YEAS. NAYS.
The same as before, with Samuel Leonard
the Addition of Samuel Nevil,
Thomas Farmar, Joseph Bonnel,
and George Vreeland.
Aaron Learning.
By these Votes and the Address, it appears, that
Thomas Farmar, and Aaron Learning, on the 27th
were of the Opinion that the Act mentioned as it now
stands, not only sufficiently provides for the settling
of a Militia and Watches, but also enables, &c. (as in
the Address;) tho' on the 2«ih; but the Day before,
these Gentlemen were of Opinion that Act was not
sufficient to regulate the Militia.
On June the 29th, the Governor spoke to them a
second time, on the same Head, in Answer to their
Address; and on Saturday, June So, the Council sent
them the Bill, of which the Above is an Abstract, for
their Concurrence.
On Monday, July 2d, after a second Reading in the
House, it was put to the Question, whether it should
be committed or not? and carried in the Negative, that
it should not be committed; and, without putting any
Question, whether it should pass or not, was order'd
204 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
to lie on the Table; and on July 3d, the House sent by
two of their Members, the Message to the Governor,
by Way of Answer to what he had said to them, on
the 29th of June before.
By all this, I think it plainly Appears, the Assembly
came together resolutely determined to make no Pro-
vision for the Defence of the Country; they having
had time enough to do it, and a Bill for tfhat Purpose
prepar'd to their Hands, which they would not have
treated in the Manner they did, had they had any In-
clinations or Intentions, to have done any thing of the
kind recommended to them. Who influenc'd their
Conduct, can be no Mystery to those who read the
Votes, and know the Men. I shall therefore ask a short
Question and conclude, viz. Who can with Justice, be
stil'd the King's loyal Subjects, and true Friends to
their Country; those who are for making Provision in
time, for the Defence of their Country, and against an
Invasion, in Case it should happen; or those who stu-
diously avoid doing any thing of that Kind, on Pre-
tence that the Expence is uncertain, and the providing
for it before hand attended with innumerable Difficul-
ties; and therefore are for delaying it, till after the
Thing happens? The Answer is obvious; and whether
the King's enemies could have done any Thing, or given
any advice more suitable to their own Interest on this
Occasion, or more contrary to the express and repeated
Directions of the Lords of the Regency, than those
who pretend they have the Interest and Safety of the
Country at Heart, and are truly his Majesty's loyal
and affectionate Subjects; is not very difficult to deter-
mine.1
1 See Collections of New Jersey Historical Society, Vol. IV, p. 194.
1744] ADMINISTRATION OF GOVERNOR LEWIS MOKKIS. 205
Order in Council, referring to the consideration of the
Ijords of Trade a memorial from Inhabitants of
Eltzabethtown to th e King, asking for a hearing
and determination of their controversies with
the Proprietors of East Jersey.
IFrom Elizabethtown Bill in Chancery, p 121.1
At the Council Chamber Whitehall the 21st of
August, 1744.
Ey the Right Honourable, the Lords of the
Committee of Council for Plantation Af-
fairs.
His Majesty having been pleased by his Order in
Council, of the 19th of last Month, to refer unto this
Committee, the Humble Petition of his Majesty's
faithful and loyal Subjects, the Proprietors, Freehold-
ers and Inhabitants of a Tract of Land now called
Elizabeth Town, in his Majesty's Province of New
Jersey, in America-, whose Names are thereunto sub-
scribed, in behalf of themselves and others their Asso-
ciates, Proprietors, Freeholders and Inhabitants of
the said Tract, humbly praying, for the Reasons there-
in contained, that his Majesty, in his Most Honourable
Privy Council, will be graciously pleased to hear and
determine, a Controversy arisen between several
others, calling themselves Proprietors of that Province
relating to the Right to the said Tract of Land; or,
that his Majesty will be pleased to appoint disinterested
Commissioners out of some of the Neighbouring Colo-
nies, and by a Jury from thence also to be taken, to
hear, and finally decide the said Controversy; or,
that his Majesty would be graciously pleased to ap-
point Commissioners to hear, and enquire into, and
206 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
determine the said Controversy; or, to grant such
other Relief, as to his Majesty should seem meet — The
Lords of the Committee, this Day took the said Peti-
tion into Consideration, and are hereby pleased to refer
the same (a Copy whereof is hereunto annexed) to the
Lords Commissioners for Trade and Plantations, to
consider thereof, and report to this Committee, what
they conceive proper for his Majesty to do therein.
To THE KING'S MOST EXCELLENT MAJESTY, &c.
The humble PETITION of your Majesty's faith-
ful and loyal Subjects, the Proprietors,
Freeholders and Inhabitants of a Tract of
Land now called Elizabeth-Town, in your
Majesty's Province of New Jersey, in
America, whose Names are hereunto sub-
scribed, in Behalf of themselves and others
their Associates, Proprietors, Freeholders,
and Inhabitants of said Tract.
Most Humbly Sheweth,
That his late Majesty King Charles the 2d, by his Let-
ters Patent, under the Great Seal of England, bearing
Date the 12th Day of March, in the Sixteenth Year of
his Reign, did give and grant unto his Royal Highness,
James then Duke of York, his Heirs and Assigns,
among other Things, all that Parcel of Land in Amer-
ica, from the West Side of Connecticut River to the
East Side of Delaware Bay, whereof the aforesaid
Province of New Jersey is that part, with Power of
Dominion and Government, in and over the same, to
be executed by his said Royal Highness himself, or by
such Deputies, Commissioners or Officers as he should
think fit to appoint.
1744] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 207
That when the said Letters Patent were granted, ttye
Lands in the Place now called New York, and in the
Province of New Jersey aforesaid, were partly under
the Rule and Dominion of the Dutch, and partly under
the Possession and Government of the Native Indians,
Proprietors thereof.
That his said Royal Highness, James Duke of York,
by his Commission under his Hand and Seal, bearing
Date at Whitehall the 2d Day of April, in the six-
teenth Year of the Reign of his said late Majesty King
Charles the 2d, constituted and appointed Richard
Nicholls, Esq; his Deputy Governor within the Lands,
Islands and Places aforesaid, to perform and execute
all and every the Powers which were, by the said Let-
ters Patent, granted to his said Royal Highness, to be
executed by his Deputy, Agents or Assigns.
That in Consequence of the said Commission, in or
about the Month of August, 1664, the said Richard
Nicholls, Esq; arriving in these Parts, demanded the
Dominion and Government of the Lands now called by
the Names of New-York and New-Jersey, to whom
the then ruling Dutch surrendered and gave up the
same.
That thereupon John Baylies, Daniel Denton,
Thomas Benydick, Nathaniel Denton, John Foster,
and Luke Watson, all of Long-Island, who had been
before obstructed in their Endeavours to settle a Plan-
tation where Elizabeth Town now is, by the then rul-
ing Dutch, immediately after the Arrival of said Gov-
ernor Nicholls, and his taking upon him the Govern-
ment of the Lands aforesaid, to wit. On the 26th Day
of September 1664, petitioned to the said Governor
Nicholls, setting forth their former Attempts and
Obstructions, for Liberty to purchase of the Natives,
Proprietors of those Lands, a certain Parcel thereof,
in his said Royal Highnesses Territories, lying on the
River then called Arthur Cull River, to improve and
settle upon.
208 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
That on the 30th of September, aforesaid in answer
to said Petition, the said Governor Nicholls consented
to the Proposals therein mane, and declared, that he
would give the Undertakers all due Encouragement
in so good a Work.
That thereupon the said John Baylies, Daniel Den-
ton, and Luke Watson, for themselves and their Asso-
ciates, for the Purpose aforesaid, and in pursuance of
said License, for great and valuable Considerations,
did purchase of and from certain Indians, chief Sa-
chems, then allowed Proprietors of those Lands, by
their Deed bearing Date the Twenty-eighth Day of
October, Anno Dom. 1664; a certain Tract or Parcel of
Land lying on the Main, West of Staten-Island, bound-
ed on the South by the River commonly called the
Raritan River, on the East by the River which parts
Staten-Island and the Main, and to run Northward up
Arthur Cull Bay, till we came to the first River which
sets Westward out of the said Bay, and to run West-
ward into the Country twice the Length as it is broad
from the North to the South, of the aforementioned
Bounds.
That on the first Day of December, Anno Domini
1664, the said Governor Nicholls, by his Deed of that
Date, under his Hand and Seal, therein reciting the
aforesaid Purchase, did give, grant and confirm, unto
Capt. John Baker, John Ogden, John Baylies, Luke
Watson, and their Associates, their Heirs, Executors,
Administrators and Assigns, the said Tract of Land
purchased as aforesaid, to the End the same might be
sooner planted, inhabited and manured; therein and
thereby also promising and granting, that the Persons
inhabiting said Lands, should have and enjoy equal
Freedom, Immunities and Privileges, with any of his
Majesty's Subjects, in any of his Colonies in America.
That immediately after the Purchase and Confirma-
tion aforesaid, the said John Baker, John Ogden, John
1744] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 209
Baylies, and Luke Watson, and their Associates, your
humble Petitioners Ancestors, entred upon, planted,
improved, and began to manure that Part of the said
Land now called Elizabeth -Town; and they, their
Heirs and Assigns, have continued in the Improve-
ment and Possession of great Part thereof; and with
great Cost, Expence, Hazard, Toil and Labour, have
planted, improved and manured, much of the Lands
aforesaid, for the Support of themselves and Families,
who are now increased in the Bounds of Elizabeth-
Town, to upwards of Seven Hundred Freeholders and
Families.
That altho' his said Royal Highness, James Duke of
York, had constituted, deputed and appointed the said
Richard Nicholls, Esq; his deputy Governor as afore-
said, with the Powers, Authorities and Instructions
aforesaid; yet while the said Governor Nicholls was
on the Seas, and before the Surrendry of the said
Lands, and the Government thereof to him, as Gov-
ernor of his said Royal Highness, and without any
previous Purchase, made of the native Possessors and
Proprietors of said Lands, and without giving any
Notice or contrary Instructions to said Governor
Nicholls, the said Duke of York, by Indentures of
Lease and Release, bearing Date the 23d and 24th Days
of June, l(Jt>4, did convey to the then Lord Berkley and
Sir George Carteret, the said Province of New Jersey,
including the aforesaid purchased Land as part.
That thereupon the said Lord Berkley and Sir
George Carteret, appointed and deputed Phillip Car-
teret, Esq; Governor of the said Province of New-
Jersey, and sent him to govern and rule the same
under them, as Proprietors thereof accordingly; who
on his Arrival and Settlement in the Government of
the said Province, was so far from insisting on the
said Lord Berkley and Sir George Carteret's Right to
the Lands purchased by your humble Petitioners
15
210 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
Ancestors, in Opposition to their Title obtained by the
Purchase and Confirmation aforesaid; that the said
Governor Carteret, by Indenture, bearing Date the 8th
Day of September, in the Seventeenth Year of the
Reign of his Majesty King Charles the Second, under
the Hand and Seal of the said John Baylies, purchased
of him the said Baylies, his Right, acquired by Virtue
of the Purchase and Confirmation aforesaid.
And thereupon the said Governor Carteret, with
John Ogden and Luke Watson, by Indenture bearing
Date the llth Day of December, 1666, claiming and
holding under the said Purchase and Confirmation
obtained by the said John Baylies and others, sold the
Southern Part of the said purchased Lands to Daniel
Peirce and his Associates, on which the Towns of
Woodbridge and Amboy are now settled.
That afterwards the Dutch regained Possession of
great Part of these Provinces; and on the Settlement
of Peace between the Crown of England and the States
General, they surrendered them to the Crown of Eng-
land; and thereupon his said late Majesty King Charles
the Second, again granted to his said Royal Highness,
the said Provinces of New-York, New-Jersey, &c. by
Letters Patent under the Great Seal of England, bear-
ing Date the 29th Day of June, in the 26th Year of
his said Majesty's Reign; and his said Royal Highness,
on the 28th and 29th Days of July then next follow-
ing, by Indentures of Lease and Release, granted unto
said George Carteret, that part of the said Province of
New-Jersey, now called East-New-Jersey: During aH
which Time, and under all the Troubles and Revolu-
tions in those Provinces, the Ancestors of your Maj-
esty's Petitioners held and continued in the general
Possession of their said purchased Lands, and in the
particular Improvement and Possession of great parts
thereof; and as they had a just Right, so they expected
to hold and enjoy the same peaceably: Yet uotwith-
1744] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 211
standing, about the Year of our Lord 1693, and since,
a Number of Persons, calling themselves Proprietors
of East-New-Jersey, claiming to hold by mean convey-
ances under the said George Carteret; and many
others calling themselves Proprietors of West-New-
Jersey, claiming to hold under mean Conveyances,
under the said Lord Berkley; claim the Lands pur-
chased by your Petitioners Ancestors aforesaid; and
pretend that neither our Ancestors nor we their Heirs
and Assigns, have any Right in the said Purchase, but
what is derived from and held under them. By Means
whereof many Suits in Law have been commenced,
and more or less have been from Time to Time depend-
ing about the said purchased Lands, ever since the
Year 1093; in many of which your Majesty's Peti-
tioners and their Ancestors formerly gained Judgment
in their Favours; and could they but have a disinter-
ested Court, and unprejudiced Jury, they make no
doubt but they should always obtain Judgment in
their Favour, respecting the Lands aforesaid.
But so it is, that all the Lands in the said Province
of New-Jersey, are held and claimed under the said
Lord Berkley and Sir George Carteret's Titles, derived
from his said Royal Highness, except the said Land
purchased by the said Baylies, Watson, &c. and con-
firmed to them as aforesaid; under whom your Peti-
tioners claim and hold; and thence it hath come to
pass that the Inhabitants of the said Province are
generally interested in, and affected to one or other of
the said two original Titles, and disaffected to the
other.
And hath also so happened, that as the far greater
Part of the said Province is held under the said pre-
tended Proprietors; so the ruling and governing Part
of the said Province is in their Interest, the major Part
of the Judges of the Supreme Court and Council, being
Proprietors as aforesaid, or Agents, Attorneys or
212 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
Trustees for them, or some of them; under which Cir-
cumstances the said pretended Proprietors repeat their
Suits against your Majesty's Petitioners, or some of
them, even for the same Farms, if they happen not to
be successful in the first Suit, and threaten to pursue
in the same Method, until your Majesty's poor Peti-
tioners are reduced to Poverty and Distress, and ren-
dered unable to defend their just Eights, and so be
obliged to surrender those Estates which they and
their Ancestors have spent their Substance and Lives
upon; the Loss of which, would prove a general Ruin
to as many Families as make up seven Protestant
Congregations, now settled on said purchased Lands.
That your Majesty's poor and distressed Petitioners,
with long and expensive Law-suits for near about
fifty Years together, in which they have spent many
Thousand Pounds, and annually are obliged to be at
vast Expence in Defence of their said Rights, are dis-
couraged and quite wearied out, and are become (as
they conceive) under the present Administration,
remediless, without your Majesty's most gracious
Royal Protection and Care.
And more clearly to evince the Difficulties and Mat-
ters above suggested, your Majesty's Petitioners would
most humbly beg Leave to represent and numerate
some of the Steps and Proceedings heretofore taken,
and still carrying on against them, tending to their
Distress, Loss and Ruin, (viz.)
That formerly the said pretended Proprietors, did
take upon them the civil Government of the said Pro-
vince of New-Jersey, and did actually erect Courts,
and appoint Officers of their own, before whom your
Petitioners Ancestors were sued, and by them un-
justly condemned; particularly, in a Case brought by
Lease of Ejectment by James Fullerton, claiming by
Demise from the pretended Proprietors of East-New-
Jersey, against Jeffrey Jones, one of your Petitioners
1744] ADMINISTRATION' OF GOVERNOR LEWIS MORRIS. 213
Ancestors, wherein at a Court held at Amboy, the 1 4th
of May 1W5, the said Court unjustly gave Judgment
in favour of the said James Fullerton; on which Judg-
ment, on Appeal of the said Jones to the King in
Council, at the Court of Kensington, 25th February
1696, by his Majesty in Council, was reversed and set
aside; and as your Petitioners said Lands are all under
the like Circumstances, and held by the same Title, so
they supposed and expected the Controversy about the
same would have ceased; yet, nevertheless, the said
pretended Proprietors, by the Improvement made by
your petitioners Ancestors on the Premisses, more
than any Foundation of Right, were and have been
further tempted to molest, trouble and invade your
Petitioners Property and Possessions; that therefore,
since the Government of said Province hath been
under the immediate Care of the Crown, the said pre-
tended Proprietors many of them, have been Members
of the Council, and Judges of the Courts in the said
Province; and by this Means your Petitioners have
been prevented from bringing or removing their Cause
before the King in Council, in the common Course of
Appeals.
In particular, that when Joseph Woodruff, one of
Your Majesty's Petitioners Ancestors, by Writ of
Error, brought his Cause before the Governor and
Council of this Province, in the Fourth Year of the
Reign of your Majesty's late Royal Father, in order to
obtain a Judgment there; and from thence, if Judg-
ment was given against him, he intended to have ap-
pealed to his said Majesty then King of Great Britain,
&c. in Council; the said Governor and Council would
never be prevailed upon to give a Judgment in the
s;>.iil Cause; but after about Ten or Twelve Years De-
lay, and a vast Expense in the Cause, the said Case
dropt without being decided.
The present Governor of the said Province has for-
214 ADMINISTRATION OP GOVERNOR LEWIS MORRIS. [1744
merly been Agent for some of the said pretended Pro-
prietors, and stands in a near Relation to several of the
pretended Proprietors aforesaid; the present Chief Jus-
tice of said Province is Trustee and Guardian of sev-
eral Orphans who are pretended Proprietors aforesaid;
and the rest of the Judges and Members of the Coun-
cil are in general interested, on the said pretended
Proprietors Side.
That the Juries in the Counties where the said pur
chased Lands lye, are generally interested and engaged
against your Petitioners; and the more effectually to
secure all in Favour of the said pretended Proprietors,
the Governor, Council and General Assemby of the
said Province, have, by an Act passed in the Fifteenth
Year of your Majesty's Reign, annexed part of your
Petitioners Lands, which were before in the County of
Essex, unto the County of Somerset, where the Juries
are generally in the said Act, representing the Inhabi-
tants as having prayed for the same; which your Pe-
titioners believe to be a great Mistake.
That under all these and many other such like Dis-
advantages, Writs of Trespass, and Leases of Eject-
ment, in behalf said pretended Proprietors, are fre-
quently commenced against some of your Petitioners,
and thereon Verdicts and Judgments obtained; some
of them for Six-pence Damage, and for Two or Three
Hundred Pounds Proclamation Money Costs; others
of your Petitioners are turned out of their Freeholds
and Living, and large Bills of Costs taxed against
them.
By Means whereof many of your Majesty's poor
Petitioners are grieviously distressed, and others are
daily threatened with the same Fate, and are daily
under Expectation of being burthened with heavy
Costs, great pretended Damage, and Loss of their
Possessions and Inhabitants; which your Petitioners
are advised, they do not suffer for Want of Justice;
1744] ADMINISTRATION OF GOVERNOR LEWIS MORRIS, 215
and your Majesty's Petitioners are advised, that it's
neither legal, equitable ner just, that the Titles to their
said Lands should be tryed by the Judges, Jury and
Courts of the said Province, in Regard they are Parties
in Interest more or less in the Matters in Controversy,
and ought not to hold Plea of your Petitioners said
Lands.
WHEREFORE, Your Majesty's Petitioners most hum-
bly implore your Majesty, the Fountain of Justice,
that you would be graciously pleased to take them and
their said Cause under your Majesty's Royal Care and
Protection; and as there is no Prospect that your dis-
tressed Petitioners can find any Remedy of their Griev-
ances in this your Majesty's Province of New Jersey
that your Majesty in your most Honourable Privy
Council, would be pleased to hear and determine their
said Controversy; or, that your Majesty would be
pleased to appoint disinterested Commissioners out of
some of the Neighbouring Colonies, and by a Jury
from thence also to be taken, to hear and finally decide
the said Cause; or, that your Majesty would be gra-
ciously pleased to appoint Commissioners to hear, and
enquire into, and determine said Controversy, or
otherwise order for your Majesty's loyal, dutiful, poor,
oppressed Petitioners Relief, as to your Majesty, in
your princely Wisdom and abundant Goodness, shall
seem meet,
And Your Majesty's Most Humble Petitioners,
as in Duty bound, shall ever pi-ay, &c.
[July, 1744]
[Three hundred and nine names were appended
which can be found in papers of F. J. Paris in Histor-
ical Society Library— Elizabeth-town Papers, Bundle
L, No. 9.]
216 ADMINISTRATION T>F GOVERNOR LEWIS MORRIS. [1744
Memorial of the East Jersey Proprietors to Gover-
nor Morris — asking for the passage of an Act for
running the Division Line exparte.
[From Papers of Ferdnand J. Paris, Book A,, p. 137, in the New Jersey Hist. Soc.
Library.]
To HIS EXCELLENCY LEWIS MORRIS ESQF Cap-
tain General and Governor in chief of the
Province of New Jersey and Territories
thereon Depending in America and Vice
admiral in the Same.
The memorial of the Council of General pro-
prietors of the Eastern Division of New
Jersey.
Humbly Sheweth
That by an Act of Governor Council and Assembly
of the Province of New York pass'd in the year 1717
the Governor thereof was itnpowered to appoint Com-
missioners in behalf of that province to Join with such
Commissioners as Should be appointed in behalf of
the province of New Jersey for Runing and Ascertain-
ing the Line of partition and division between the
Said Two provinces; and a Sum of money was by the
Said Act appropriated for that purpose.
That Soon afterwards another Act was pass'd by
the Governor Council and Assembly of New Jersey
impowering the Appointment of Commissioners for
the Eastern and Western Divisions of the Province of
New Jersey to meet with the Commissioners to be ap-
pointed for the province of New York to Execute the
purpose aforesaid.
That in the year 1719, Commissioners having been
1744] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 21?
Appointed in pursuance of both the Said Acts: they
met, and Unanimously Settled the Latitude of 41°; 40'
upon the Northernmost Branch of Delaware, which is
the North end of the Partition Lane between the Said
provinces: and Executed Indentures Tripartite under
their hands and Seals for Commemorating the Said
North partition point: which North partition point, is
also the partition point between the Eastern and
Western Divisions of New Jersey; and So the Said
Western Division had no further interest nor concern
in or about the Said line; As by one part of the Said
Indentures here Ready to be produced to your Excel-
lency may appeare.
That afterwards in the Said year 1719 by order of
the Said Commissioners a Line was run and Mark'd
from the Said North partition point to Hudson's River,
towards the place where they Esteemed the Latitude
of 41° would be found upon it, which Latitude on the
East Side of the Said River is the South End of
the partition Line between the Said Provinces, and
Sundry Obsevations were taken upon Hudson's River
for discovering the Said Latitude of 41° there, but the
Commissioners Concerned did not then nor ever Since
meet to agree thereon.
That The Commissioners and Proprietors of the East
era Division of New Jersey afterwards used many and
frequent Amicable endeavours with the Commission-
ers for New York, and with the New York proprietors
of the Lands adjoining to the Said partition Line for
Ascertaining the South partition point aforesaid upon
Hudson's River and for Runiug the Line from thence
to the North partition point aforesaid, but all those
Endeavours proved ineffectual.
That in September 1741 Committees, appointed by
the Two Councils of proprietors of the Eastern and
Western Division of New Jersey, met and laid before
your Excellency a Representation of the Greivances
218 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
and hardships that the people and proprietors of the
province of New Jersey laboured under for want of the
Said Line of Partition being Settled, and praying your
Excellency's interest and Assistance for procuring the
Said Line to be Settled, and for putting a Stop to the
Grievances Suffered for want thereof.
That in July 1742, Your Memorialists laid another
Representation before your Excellency to the purpose
of the former, praying your Excellency to take Such
Effectuall measures as you Should think proper that
the Settlement of the Said Line might be brought to a
Speedy Conclusion.
That we are fully Satisfied that your Excellency
used your Best Endeavours with the honorable George
Clark Esq.!" Lieutenant Governor and late Commander
in Chief of the Province of New York to have our
Bequests aforesaid put in Execution, and are Sorry
that those Endeavours had not the Success that we
had reason to hope for from them.
That in October 1743 the Inhabitants of this Province
living near the Said partition Line by Abraham Van-
aken and Jurian Westphale petitioned your Excellen-
cy and the General Assembly of this Province for
Relief against the Grievances by them Suffered for
want of the Said Line of Partition being run; And
we are fully Satisfied that your Excellency in that
Same Month of October Sent Coppies of the Two
Memorials aforesaid and of the Said petition to his
Excellency George Clinton Esqr Captain General &
Governor in chief of the province of New York, and
used your Endeavours with him for the Settlement of
the Said Partition Line; but Notwithstanding the Sev-
eral Endeavours aforesaid, and other private Endeav-
ours by Some of us with the New York Proprietors of
the Lands adjoining to the Said Line, we are under
great Concern to Say that we have little- hopes left of
obtaining the Settlement of the Said Line, otherways
1744] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 219
than by an Act of the General Assembly of this
province to be approved^ of by his Majesty for riming
the Same Line exparte.
Your memorialists therefore humbly pray your
Excellency would be pleased to Recommend it to the
General Assembly of this Province, which is to meet
at Burlington in October next, to pass an Act for Run-
ing the Said Lane exparte: and if the Same Should be
so pass'd, that your Excellency would be pleased to
to Recommend it for his Majesties Royall Aprobation:
and that in the mean time your Excellency would be
pleased to order Such notice of this intention to be
Given to the Governor of New York as you shall think
proper.
And your memorialists Shall ever pray &c.
By order of the Council of Proprietors of East Jersey
Perth Amboy Sepr 7^ 1744 JOHN HAMILTON.
Representation of the Council of New Jersey to Gov-
ernor Morris — containing reasons for rejecting
several acts, &c.
[From P. R. O. B. T. New Jersey, Vol. V, F 89. i
To His Excellency Lewis Morris, Esq;
Captain General, and Governor in Chief, in and
over His Majesty's Province of New-Jer-
sey, and Territories thereon depending in
America, and Vice-Admiral in the same,
&c.
The humble Representation of His Majesty's
Council in General Assembly met.
Sir
Having considered the Votes and Resolutions of the
House of Assembly of the22d of November last, which
220 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
your Excellency was pleased so early to communicate
to us; we thought ourselves obliged, by the Duty of
our Station, to enter into some Resolves, thereby to
assert the Royal Prerogative, which we conceived in
some Measure attacked; and to maintain the Rights
and Privileges of His Majesty's Council, which we
looked upon, by those Votes, to be not only ques-
tioned, but greatly infringed: And as the Conduct and
Characters of the Members of our House are by them
so openly (tho' unjustly) aspersed, we think it incum-
bent on us to clear up both to His Majesty, to whom
alone we look upon ourselves to be accountable, by
assigning the Reasons of our Conduct, so loudly com-
plained of this Sessions; and we doubt not His Majesty,
and His Ministers, will very readily discover the Injus-
tice and Unreasonableness of the Complaints and
Aspersions contained in those extraordinary Votes,
which were founded on the Council's having rejected
some Bills sent up to them by the House of Assembly
this Sessions, which they are pleased to say are essen-
tially necessary for the Benefit and Well-being of the
Inhabitants of this Colony; but as the Council differed
in Opinion with them concerning the Nature and
Tendency of most of those Bills, we come now to
declare what the genuine Reasons were for rejecting
of them; and, for Brevity's sake, shall transiently
point out some Instances, wherein we conceive the
Gentlemen of the Assembly have unhappily mistaken,
at this time, the true Interest of His Majesty, the
Security and Defence of this His Colony, and the real
Well-being of His People, whom they now represent.
The first Bill rejected by the Council, was a Bill
intituled, An Act to oblige the several Sheriffs of this
Colony to give Security, &c. This Bill, in the year
1738 (when the first Sessions of General Assembly was
held under your Excellency's Administration) took its
Rise in the Council, was drawn by one of their Mem-
1 ; 1 -4 ] A DM I XISTRATION OF GOVERNOR LEWIS MORRIS. 221
bere, and cost the Publick no Treasure, nor the Assem-
bly any Pains; nor did the Drawing of it occasion any
Delay in the Business then before the Council, and was
sent down to the House of Assembly for their Concur-
rence. The Assembly then did, and ever since have
added a Clause, whereby no Sheriff was to continue in
that Office longer than three years, and was not to be
admitted into that Office again in less than three years
after his Removal. To this Amendment of the Bill
the Council could not agree, 1. Because then every
good Sheriff in the Province must be removed from an
Office, which, when well filled, must be of great Bene-
fit and Security to the People. 2. Because, if that
must be the Situation of Sheriffs, no Man of Substance
or Employment, by which he could tolerably maintain
himself or Family, would accept of the Office; and to
trust necessitous Men would be imprudent, since their
Poverty might tempt them to do many Things that
might be oppressive and dangerous to the People. 3.
Because, by that Means, scarce one Sheriff in ten could
be supposed to be acquainted with either his County,
or the Duties of his Station.
Had the Council amended the Bill, by taking away
that Clause, they had abundant Reason to believe, that
they might as well reject the Bill itself, since many of
the Members of the present Assembly, when Members
of former Assemblies, have more than once declared,
as well at Conferences, as at other Times, that they
never would pass the Bill without that Clause; what
secret Reasons they may have for such a Resolution, are
best known to themselves, but they never yet have
offered any that could convince the Council of the
Necessity or Conveniency of such a Clause, nor any
but what the Council conceive they have sufficiently
answered and confuted; and, what is more, have pro-
posed other Methods more expedient, and more
effectual for the Ends proposed by it; but all to no
222 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
Purpose; that Clause must take Place, or the Bill must
be lost. Thus this has been the unhappy Rock on
which that Bill, so full freighted with many Advan-
tages and Benefits to the People, has so often split.
The next Bill rejected by the Council, was, A Bill
for laying a Duty on Indian, Negroe and Molatto
Slaves, imported into this Colony.
This Bill the Council considered abstractedly from
any Instructions your Excellency has in relation to
the African Company, which many of the Gentlemen
of the Assembly we suppose are not unacquainted
with, and only weighed the Advantages and Disad-
vantages that would arise to the People of this Colony
upon that Bill's passing into a Law. By that Bill was
plainly intended an intire Prohibition of all Slaves
being imported from foreign Parts, no less than a
Duty of Ten Pounds being imposed on all grown Slaves
imported from the West-Indies, and Five Pounds on
all those directly imported from Africa. Upon the
most mature Consideration the Council were of
Opinion, that if that Bill, or any other Bill, discour-
aging the Importation of Slaves, should at this time
pass into a Law, the People of this Province in general
(a few Labourers only excepted) and the Farmers in
particular, would be great Sufferers by it, and that for
the following Reasons.
1. It is well known, that a great Number of Labour-
ers went out of this Province on the late Expedition
to the West-Indies, and that ve>ry few of them have
returned; That many, for some Time past, have been
going, and still are going, on the Privateering Account;
by which Means Labourers Wages are become very
high, and the Farmers, Trading-Men and Tradesmen,
are greatly straitened for want of Labourers to carry
on their Business.
2. It is also well known, that since the Manufacture
of Liiinens has arrived to any tolerable Perfection in
1^44] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 223
Ireland, we have had very few Servants or Labourers
from that Island, and have no Reason to expect many
for the Time to come.
8. The present War throughout the German Domin-
ions, and between almost all the Powers on the Conti-
nent of Europe, gives us Reason to expect no Assist-
ance from that Quarter. And as our Sovereign is
deeply engaged in a War with many powerful Princes,
we have as little Reason to expect any Number of
Servants from the Island of Great- Britain. Where
fore we conceive, that it would be more for the Interest
of the People of this Colony to encourage at this Time
the Importation of Slaves, than by a Law to prohibit
them altogether, and therefore we rejected that Bill.
The third Bill rejected by the Council, was, A Bill
for making current Forty Thousand Pounds in Bills
of Credit. The Preamble to this Bill was specious
indeed, by which the House of Assembly no doubt
designed to persuade the Council, that they intended
to apply Part of the Money towards building a House
for the Governor to live in, another for the Council
and Assembly to sit in, with proper Offices for the
Secretary, and for preserving the Records of the Prov-
ince; but as the Actions, not the Expressions, of Men,
are the truest Touchstone, by which their Sincerity is
to be discovered, so enacting Clauses, and not Pream-
bles, must declare the Intention of, and give Force to,
Laws. Indeed in the Acts of Parliament of Great-
Britain where the Legislative Body is above mean
Arts and low Subterfuges in the grand and solemn
Affair of making Laws, we find the Preambles plain
and honest Declarations of the Necessity, Conveniency
and Design, of them, and excellent Introductions to
the right understanding of them. But as by no one
Clause of that Bill any Provision was made, nor any
Money appropriated to the carrying on and completing
those Buildings, which every Body here must own are
224: ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
very necessary; so we could not look upon that Pre-
amble but as a mere artful, tho" unskilful Pretence,
by which that Bill was to be ushered into the World,
in order to receive the Sanction of a Law.
By a Clause in that Bill indeed Provision was made
for purchasing a thousand Arms, with Bayonets fitted
thereto, Twenty-five Barrels of Powder, and five Tons
of Lead, for the Use of the Province; but as the Addi-
tion of a few Arms and Ammunition, when put into
the Hands of unskilful Men, would contribute very
little towards the Security of the People; and as there
was no Hopes of obtaining from the present House of
Assembly an Act any ways effectual for the necessary
Regulation of the Militia of this Colony, the Council
was well assured, that the People, by the Method pro-
posed, would purchase those Stores at much too dear
a Rate.
If the Gentlemen of the Assembly thought those
Arms and Ammunition absolutely necessary for the
Security and Defence of their Country; and si nee they
complain so loudly in their Votes and Resolves, of the
Disappointment occasioned by the Council's rejecting
the Bill whereby such Provision was made; why have
they not applied Part of the Money, now lying dead
in the Treasury, to that Purpose? But no, that would
not serve the Turn, that would not procure the Forty
Thousand Pounds. Besides, the House of Assembly
ought to be more frugal of their Money than that
comes to; they cannot part with that choice Treasure
at so cheap a Rate, as the preserving of the Lives, Lib
erties and Fortunes, of their Countrymen; They must
keep that for the Use of His Majesty, when on any
Emergency he shall stand in need of it; It is not to be
thrown away upon the Support of His Government,
on the Defence of His Colony, and of His faithful and
loyal People of New Jersey. Is this a well timed Fru-
gality? Can any Pretence of assisting His Majesty be
1744] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 225
urged as a reasonable Excuse for not supporting His
Government, or for not applying the publick Money for
the Preservation of His Colony, and of His Subjects
here? Surely not; yet such has been the Pretence, the
Excuse and Conduct, of the present Assembly.
By the Body of this Bill it Plainly appeared, that the
Assembly designed to go on with raising of Money for
the publick Use in the usual Way by the Loans of
Bills of Credit; a Method, as we conceive, unequal and
unreasonable, and fatal to the People in general, and
to the Merchant and Trader in particular, in all its Con-
sequences; which will clearly appear from the follow-
ing Considerations.
1. By this Method the Rich, who ought to contribute
most towards the publick Expence, do not contribute
one Farthing towards it.
2. The Distressed, and People involved in Debt, are
the Chief, if not the only Persons, who by this Method
bear the Burden of that Expence; and tho' it may be
said, that it is an Act of their own Choice, and that
they are no ways compelled so to do, by Experience, it
is well known, that such a Method of letting out
Money by the Publick is a great Temptation to unthink-
ing People, who, in order to extricate themselves out
of some present Difficulties, have plunged themselves
into much greater, out of which neither they, nor per-
haps their Children, will be able to recover; these, and
these chiefly, are the People who called so loudly for
fresh Supplies, and should their Desires be gratified,
we have great Reason to apprehend, that still greater
Numbers would fall into the same unhappy Circum-
stances, and therefore think it high time to put a stop
to so growing an Evil.
3. The fluctuating Nature of a Paper Currency lays
the Merchant and Trader under very great Disadvan-
tage; for after they have sold their Goods at a mod-
erate Advantage (for which it is generally two Years
16
226 ADMINISTRATION (XF GOVERNOR LEWIS MORRIS. [1744
after they receive their Pay) they are always Losers in
Proportion to the sinking Credit of such a Currency,
and that Credit is ever lowest when great Sums of the
like Currency are issued; and it is plain and obvious to
every Man that knows any thing of Trade, that Gold
and Silver have all along continued to rise in Value
ever since a Paper Currency first took Place; in Con-
sequence of which, the Exchange between this and
Great Britain has risen to a very great Heigh th, and
should the Method be continued of emitting such large
Sums of Bills of Credit, which, to the Body Politick,
is like cold Water to a Man in a high Fever, the more
is given still the more is called for, Trade (without
which we cannot well subsist) would be undone, the Mer-
chant ruined, and the People in general brought into
great Distress. Besides, should the Bill, now depend-
ing in Parliament, which has been communicated to
the House of Assembly as well as to this House, pass
into a Law, which we have great Reason to expect, if
any Judgment may be formed from His Majesty's late
Instructions to His Governor, or the strict Enquiry
that has been made by both Houses of Parliament into
the Nature and Circumstances of such a Currency, the
opinion of the Lords of Trade upon that Head, and the
Credit of the Gentlemen who brought that Bill into
the House of Commons, it would effectually prevent the
Bills of Credit, now proposed to be struck, being a
Tender in any Payment: Wherefore, it would have
been a great Damage to the People of this Province
should the Bill proposed have passed into a Law; and
therefore we thought it our Duty to reject it.
The next Bill rejected by the Council, was, a Bill to
repeal Part of an Act made for the Preservation of
Timber in the Eastern Division of this Colony, and
passed the second of December, 1T43, but was not to
be in Force till some Time in July last past; which
not exceeding three or four Months at most, the Council
1744] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 22?
were of Opinion, that no. tolerable Judgment could be
formed from any Experience that could be had in so
short a Time, of the good or bad Effects of such a Law:
Besides, the Repeal being intended only for the Coun-
ty of Essex, the Council were of Opinion, that as the
greatest Body of Timber is to be found in the Coun-
ties adjoining to the County of Essex, so it* would be no
difficult Matter to carry the Timber from those Coun-
ties into the County of Essex, from whence it might
be transported; therefore, if that Bill had taken Place,
it had in Effect, repealed the whole Law, for which
Reasons the Council rejected that Bill.
These are all the Bills that have been rejected by the
Council at this Time.
As to the Bill to prevent Actions under Fifteen
Pounds being brought into the Supream Court, that
was amended by the Council, and made the same as
the Law now stands (excepting only in the Case of
double Costs upon Writts of Error) which Law the
House of Assembly, in the Preamble to their Bill, do
say, is found by Experience, to be of great Benefit to
the People; if so, how the People came to be deprived
of that Benefit, will appear by the Votes of their House,
where it will be found, that the Bill not only dropped
with them, but that the Majority of that House were
against conferring with the Council upon it.
The Council cannot in SDence pass over at this Time,
the su rprizing Conduct of the House of Assembly in
relation to the Militia Bill. The People of this Colony
are not at present in a Condition or Capacity of
building such Fortifications as would prevent an Ene-
my from landing on their Coasts, and have no other
Way of defending themselves than by a well regulated
Militia; yet such has been the Conduct of the House of
Assembly at this Time, that they have denied the Peo-
ple the only Means in their Power of preserving them-
selves, their Wives, their Children, and their Fortunes,
from becoming an easy Prey to the first Invader.
228 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
That the Law for the better -Regulation of the Mili-
tia of this Province at this Time is absolutely neces-
sary, stands confessed by the Title and Preamble to
their own Bill sent up this Sessions to the Council:
Yet notwithstanding, whoever will consider the Bill
itself, and compare it with the Law now in being,
must confess, that the latter, lame as it is, is much
more effectual for that Purpose. — It is very possible
there may be some Defects in the Amendments made
by the Council to their Bill; if they have discovered
any, was it not their Business, their indispensable
Duty, to supply those Defects, and to do every thing
in their Power to make the Bill effectual? Is not this
the usual, the only Method, whereby all Bills are
brought to Perfection? Can that House any ways ex-
cuse themselves for not pursuing that Method in an
Affair of that Importance, that concerns no less than
the Lives, Liberties and Fortunes, of their Country-
men, nay, and their Religion too? Is not this the
grand Affair, the chief Thing needful at this Time,
upon which they have so often been called together,
and which the House of Assembly are under solemn
Engagements and publick Promises to go through with
and compleat? Instead of which that House have dis-
agreed to the Alterations made by the Council to that
Bill, and have even declin'd having any Consultation
or Conference with the Council upon it, And, on the
other hand, which is a very extraordinary Step, and
without any Precedent but their own, and, as we con-
ceive, unparliamentary, they have ordered the amend-
ments made by the Council to be printed, in order to
expose whatever Defects may appear in these Amend-
ments, and to have it once more in their power to im-
pose on the weak minds of those well meaning People,
who have been so unhappy as to choose such Men to be
their Representatives.
1744] ADMINISTRATION OF GOVERNOR LEWI* MORRIS.
But tho' this Step, taken by the Assembly, is wrong,
and unworthy the Dignity of a House of Assembly,
yet it gives us this Satisfaction, that thereby they
plainly discover their own designs, and as plainly
prove to every Man that has common Sense enough to
know what his real Interest and Security in this case
is, that the Council have been the true Patrons and
Friends of the People on this Occasion. Some People,
perhaps, may imagine, that by the Method proposed
by the Council, the Militia would be put under a
stricter Discipline than is necessary, and that it would
occasion a needless Expence to the People, by forming
one Troop of Horse out of eveiy Regiment; but if such
People would consider, that unless a Militia be well
disciplined, and under good Regulation, they never,
will be able to make any tolerable defence; and as our
Sea-coast, as well as the Land on the Back of us, is
very extensive, and as we cannot know what Part of
it an Enemy may enter or land at, every Man, that
knows any thing, must know, that Troops of Horse
are absolutely necessary on such an Occasion, who, by
being able to march much faster than Foot Companies
can, may oppose and distress the Enemy till the Foot
Companies can be brought up to their Assistance, by
which Means many hundred Families in such a Part
of the Province may be preserved from Ruin. Since
then no one can tell where the first Blow may be
struck; since Troops of Horse are most fit to hinder
the Progress of an Enemy; since it is for the Peoples
own sakes that such are proposed; since such a disci-
pline can only be designed for the Preservation of the
People, their Liberties and Estates, and was to be at an
End as soon as Peace is proclaimed; and since these are
the only Means in our Power for our defence, such
Troops, and such a Discipline, must be looked upon as
absolutely necessary at this Time.
230 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1744
Upon the whole, we beg Leave to observe to your
Excellency, that as we have throughout this Repre-
sentation preserved an honest Sincerity, and the
strictest Truth, of which, from your own Knowledge
of Things, and of our past Conduct, we persuade our-
selves your Excellency will make no Doubt; so we
conceive that we have just Reason to apprehend, from
the past and present Conduct of the House of Assem-
bly, that this second Rejecting of the Bill for making
current 40,0001. by the Council, has been the chief
Cause (we heartily wish it were the only Spring) of
these unhappy, these ill-timed Differences. We are
sensible, Sir, nay, we are well assured, that many
People in this Colony, who have taken the Publick
•Money, will for some Time be distressed by paying of
it in again; but all that we can say, as a Branch of the
Legislature, is, that we heartily pity their Condition;
but we cannot, in justice to our Country, and to the
Trust reposed in us by His Majesty, redress a private
Misfortune at the Expence of the publick Weal
But why the Government should not, at this Time,
be supported in as ample a Manner as it has been at
any Time before, we own we are at a Loss to know,
seeing there is now in the two Treasurers Hands, of
the Interest Money arising from the Loans of tin's
Province, which, by the Laws that gave it Being, is
absolutely appropriated to the Support of Government,
a Sum sufficient to support it for at least three Years
to come; the House of Assembly having notwithstand-
ing lessened your Excellency's Salary one Half,
reduced that of the Chief Justice to one Fourth, and
cramped all the rest of the Officers of the Govern-
ment, let their Pretences be what they will, must
convince the World, that they do intend, by such a
Conduct, to compel your Excellency and the Council
to fall in with their Measures; but we trust, that
1744] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 231
neither your Excellency, nor the Council, will prosti-
tute the Trust reposed in you and them by His Majesty.
The Assembly indeed, by their Votes and Resolves,
pretend a Necessity of being frugal of their Money (as
they are pleased to term it) in order to be able to assist
His Majesty in case of Necessity; but we are well
assured, that His Majesty would be much better
pleased with their supporting His Government in the
usual Manner, with their putting His Colony in a
proper Posture of Defence, and with their preserving
Peace, Unanimity, and a good Understanding among
His People here, than with any trifling Sum they are
able to assist His Majesty with at this Time.
What Lengths the Gentlemen of the Assembly
might have gone upon this Occasion, were it not for a
noble Stand made by some worthy and more Knowing
Members of that House, we shall not take upon us at
this time to say; we are willing to impute their present
Conduct to a mistaken Zeal, and their Want of a
necessary Knowledge of the true Boundaries that
divide the distinct Parts of which our happy Constitu-
tion is composed, that is, the three Branches of the
Legislature; and we still live in Hopes, that when they
come to Know how essentially necessary every Part,
when confined to the proper Limits of its own Power,
is to the Preservation and Well-being of the Whole,
they will alter their present Measures, and heartily
join with us in procuring to ourselves and the People,
for whom we act, many salutary Laws, productive of
Wealth, Peace, and lasting Happiness.
As we can, from the Tranquillity of our Minds,
assure your Excellency, that we have acted every Part
with strict Honour in Defence of His Majesty's Pre-
rogative for the Preservation of our happy Constitu-
tion, and in Support of the true Liberties, Privileges,
and real Well-being of the People of this Colony; so
we humbly pray, that your Excellency will lay this
232 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1745
our humble Kepresentation at His Majesty's Feet,
where we doubt not it will meet with a Treatment
worthy the Known Justice of our Royal Master.
By Order of the House,
JOHN READING, Speaker.
Letter from Governor Morris to the Lords of Trade —
Recommendations for the Council.
[From P. R. O. B. T. New Jersey, Vol. V, F. 71.]
Triplicate, Kingsbury febry 1st 1744-5
[N. B. Neither of the two former were receiv'd
when this came. 28. May 1745.]
My Lords,
This serves to Informe your Lps that my Letters to
Your Lordships & the Secretary of State and the Pub-
lick Papers are put into a Small box directed to your
Lordships being too bulky to be made up conveniently
any other way I sent them to New York to be put on
board a Ship call'd the Queen of hungary one Hilton
(I think) Master. Inclos'd is a representation of the
Councill to me which if the other papers should not
come to hand may give your Lps some insight into the
present state of Our affaires. Partridge our Agent, or
rather the Assembly's Agent, was directed by our late
Assembly to Appeare against the Bill to be brought
into Parliament with relation to the Paper currency :
But he has no such Orders from the Government.
Lest he sho'uld Pretend to it and use that Assemblys
direction as such I Inclose a copy of my letter to him.
* I have mentioned in mine to your Lps the Assemblys
complaint of the Councills not being full. I could fill
1745] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 233
them up to no more than Seaven; which I have done
as there was Occasion: But to take away all pre-
tences of complaint on that head, I have recommended
to Your Lordships to fill them up with the following
pei-sons viz. Edward Antill1 and James Hude' who are
allready sworne into the Councill I have pray'd may
be confirm 'd, and that Andrew Johnstone', John Coxe,
Peter Kiml)ol |Kemble?| and Thomas Leonard may be
added to make up Eleaven residing Councellors. Alex-
ander the 1 21'1 resides at New York ; he has a great inter-
est in this Province and is an usef ull man when he can
attend. I have more fully mentioned this to Your
Lps in my Letter; and write this lest that should not
come to hand and this should, the men I have recom-
mended are some of the most considerable men in the
This gentleman re-
sided at Raritan
Landing and was,
connected by mar-
riage with the Morris
family. He was remarkable for his eccentricities.— See Contribution** to East Jer-
sey History, p. 227.— ED.
was one of a Woodbridge family of
considerable note, but resided in
New Brunswick, where he died in
November, 1702, holding the office of
Mayor of the city. His obituary in
the New York Mercury states that he
had held almost all the honorable
offices and employments in the government, as well as those conferred by the
people, and adds: " His death is not only an irreparable loss to the poor, who had
at all times free access to his person and his advice and assistance without fee or
reward, but to the public is a subject of great regret."— See Contributions U> the
History of Perth Amboy, p. 874.— ED.
was the son of Dr. John Johnstone
who has been frequently referred
to in these pages, whose sons
dropped the final " e " In their
family name. Like his father, he
held many responsible offices, and
continued in the Council until his
death, in ITtti, and was character-
tied by " good equality of temper, circumspection of conduct, an open, yet grave,
•sgsjflnij; mien, much goodness of heart and many virtues, both public and pri-
vate."—See Contributions to East Jersey History, p. 78.-ED.
234 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1745
Province and firme in the interest of the present Gov
eminent, Elce would not be recommended by my
Lords,
Your Lordships most humble
and Obedient Servant,
LEWIS MORRIS.
P. S. This Goes Via Philadelphia By one Mesnard
by whom goes duplicates of the publick letters.
Certificate of Governor Morris — concerning the Pro-
prietors Surrender of the Government.
[From the Original in Rutherfurd Collection Vol. Ill, p. 191, compared with the
Record in Secretary of State's Office at Trenton.]
By His Excellency Lewis Morris Esq1: Captain
General and Governor in Chief in & over
the Province of New Jersey & the Terri-
tories thereon depending in America &
Vice admiral in the Same &c
I Do hereby Certifie that I the Said Lewis Morris
being employed by the General Proprietors Inhabiting
in the Eastern Division of the Province of New Jersey
to Negotiate their Surrender to the Crown of their
Powers of Government I did accordingly in Conjunc-
tion with Sir Thomas Lane and the West New-Jersey
Societie of Proprietors in whom the Government of
the Western Division of New Jersey was then and in
Conjunction with the Proprietors of the Eastern Divi-
sion then in England Negotiate the said Surrender
which was made to Her Majestie Queen Anne by the said
Proprietors and my Self on the Sixteenth of April one
Thousand seven hundred and two. That during the
said Negotiation a set of Instructions were agreed on
1745] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 235
by the Crown with the said Proprietors to be given
and continued to the Governors who should be ap-
pointed by the Crown for the Government of New
Jersey Three of which said Instructions so agreed on
were in the following words Viz* 20 Our will and
pleasure is that for the better quieting the minds
of our Good Subjects Inhabitants of our said Pro-
vince and for Setling the Properties and Possessions
of all Persons Concerned therein, either as General
Proprietors of the Soil under the first Original
grant of the said Province made by the late K: Cha-
2? To the Late Duke of York or as Particular purchas-
ers of any Tracts of Land from the same General Pro-
prietors You shall propose to the said General Assem-
bly of our said Province the passing of such Act or
Acts whereby the Right and property of the said
General Proprietors to the Soil of our said Province
may be confirmed to them according to their respective
Rights & Titles Together with all such Quit rents as
have been reserved or are become due to the said
General proprietors from the Inhabitants of our said
Province & all such priviledges as are Expressed in the
Conveyances made by the said Duke of York Except-
ing only the Right of Government which remains in
us And you are further to take care that by the said
Act or Acts so to be passed, the particular titles and
Estates of all the Inhabitants of that Province and
other Purchasers claiming under the said Generall
Proprietors be confirmed and settled as of Right .do's
appertain under such Obligations as shall tend to the
best and Speediest Improvement & Cultivation of the
Same Provided always that you do not consent to any
Act or Acts to lay any Tax upon Lands that Lye
unprofitable. New Article You shall not permit any
other person or persons besides the said General Pro-
prietors or their Agents to purchase any Land what
soever from the Indians within the Li mitts of their
236 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1745
Grant. 33 You are to permit the Surveyors and other
Persons appointed by the forementioned General
Proprietors of the Soil of that Province for Surveying
& recording the Surveys of Land granted by and held of
them to Execute accordingly their respective trusts
And You are likewise to Permit and if need be Aid
and Assist Such other Agent or Agents as Shall be
appointed by the said Proprietors for that End to
Colect and recieve the quit rents which are or shall be
due unto them from the Particular possessors of any
Tracts or Parcels of Land from time to time Provided
always that such Surveyor Agents or other Officers
appointed by the said General Proprietors do not only
take Proper Oaths for the due Execution & perfor-
mance of their respective Officers or Employments
and good & Sufficient Security for their So doing but
that they likewise take the Oaths appointed by Act
of Parliament to be taken Instead of the Oaths of
Alegiance and Supremacy, as also the test and Sub-
scribe the forementioned Association, all which you
are accordingly to require of them & not otherwise to
admit any Person into any such Office or Employment,
and you Are more Particularly to take care that all
Lands Purchased from the said Proprietors be culti-
vated & Improved by the Possessors thereof.
LEWIS MORRIS.
Be it Remembered that on the 28th of February
1744-5 before Robert Hunter Morris Esq.r Chief Jus-
tice of New Jersey. His Excellency Lewis Morris
Esqf aforesaid acknowledged the proceeding Certificate
to be his Act & Deed. '
ROB? H: MORRIS.
1745] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 237
The Lords of Trade to the Lords Justices — with recom-
mendations for the Council.
[From P. R. O. B. T. New Jersey. Vol. XV, page 88.)
To their Excellencies the Lords Justices
May it please your Excellencies,
Fenwick Lyell, Peter Baynton & Archibald Home
Esq" late Members of His Majesty's Council in the
Province of New Jersey being deceased, and Edward
Antill, James Hude and Andrew Johnston Esq™ being
recommended to Us as Persons every way qualified to
serve His Majesty in that Station, We humbly take
Leave to propose to your Excellencies that they may
be appointed of his Majesty's Council in New Jersey,
in the room of the said Fenwick Lyell, Peter Baynton
& Archibald Home Esqr"
Which is most humbly submitted
MONSON
M BLADEN
Whitehall ) R. PLUMER
June 19. 1745. J B. LEVESON GOWEK
Communication from the I^ords of Trade to the Lords
Justices — making further recommendations for the
Council of New Jersey.
I From P. R. O. B. T., New Jersey, Vol. XV, pa^e «).]
To their Excellencies the Lords Justices
May it Please your Excellencies.
Cornelius Vanhorn, John Schuyler and John Wells
Esq™ late Members of His Majesty's Council in the
Province of New Jeis. \ . ID ving desired Leave to resign
their Seats in the said Council, the two former on
238 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1745
Account of their private Affairs, and the latter on
Account of his great Age and Infirmities, and Peter
Kimboll [Kemble?], John Coxe, and Thomas Leonard
Esqrs being recommended to us as persons every way
qualified to serve His Majesty in that Station, We hum-
bly take Leave to propose to Your Excellencies that
they may be appointed of His Majesty's Councill of
New Jersey, in the room of the said Cornelius Vanhorn,
John Schuyler & John Wells Esqrs
Which is most humbly submitted
J. PITT MONSON
K. PLUMER M BLADEN
B. L. GOWER JA. BRUDENELL
Whitehall June 20. 1745.
[Under date of September 18th, these appointments
were all confirmed by the King in Council.]
Representation to the Lords Justices from the Lords
of Trade— proposing the repeal of the Act regula-
ting fees.
[From P. R. O. B. T. New Jersey, Vol. XV, page 146. |
To their Excell'ies the Lords Justices
May it please your Excellencies
We have had under Our Consideration an Act passed
in His Majesty's Colony of New Jersey in December
1743, Entituled an Act for ascertaining the Fees to be
taken by the several Officers in the Colony of Ney
Jersey.
We have consulted Mr Fane one of His Majesty's
Counsel at Law upon this Act, who has no Objection
thereto in Point of Law. but as M'. Morris, His Majes-
ty's Governor of the said Colony, has informed us, that
the Fees directed to be paid by this Act to the Officers
1745] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 239
of the several Courts of Judicature, are so inconsid-
erable that no Persons of Character or Reputation will
care to accept of Employment therein, We humbly
propose to your Excellencies; that the said Act may
be repealed, and as a further Reason for the Disallow-
ance thereof, We humbly take Leave to lay before
your Excellencies the annexed Account of the Pro-
ceedings of the Assembly of His Majesty's said Colony
upon this Occasion, taken from the Notes of that
House, who ordered a Copy of this Act to be printed
as a Rule for the People there to govern themselves
by, notwithstanding it was passed with a Clause declar-
ing that the same should not be in force till His Maj-
esty's Royal Assent was had thereunto.
Which is most humbly submitted
MONSON
R PLUMER
JA? BRUDENELL
B. L. GOWER
Whitehall ) J. PITT.
Augu 15. 1745.
An Account of the Proceedings of the Assem-
bly of His Majesty's Province of New Jer-
sey, in relation to an Act passed there in
1743, for ascertaining the Fees to be taken
by the sev! Offices in that Colony.
On the 21. of October 1743, a Bill entituled, An Act
for ascertaining the Fees to be taken by the several
Officers in the Colony of New Jersey, was brought into
the House of Representatives of the said Colony, where
being unanimously 'agreed to, it was carried up to the
Council for their Concurrence, who made several
Amendments to the Bill, some of which the Assembly
240 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1745
objected to, and Committees of both Houses, were
appointed to confer upon, and settle the same, which
being done, the Bill was passed by the Governor, Coun-
cil & Assembly with a Clause suspending the Execu-
tion of it until His Majesty's Pleasure should be known,
notwithstanding which, the House of Representatives,
with a design to defeat the true Intent and Meaning
of the said Clause, did on the- 5*.h of December follow-
ing come to this Resolution, ' ' That as there is no gen-
" eral Law for establishing Fees in this Colony yet in
"Force, it is the Opinion of this House that the Act
"entituled an Act for ascertaining the Fees to be taken
"by the several Officers in the Colony of New Jersey,
"passed by the Governor, Council and general Assem-
bly this Session, as it has the Approbation of the
"three Branches of the Legislature here, ought to
" have a due Weight with the Judges and all others
"concerned and that they ought to take the said Act
"for their Rule to govern themselves by, until His
"Majesty's Pleasure be known concerning the same."
And to the End that the said Act might be made pub-
lick for the Service aforesaid, they ordered it to be
printed. The Governor alarmed at this unprecedented
Behaviour & Proceeding of the Assembly, proposed to
them, amongst several others the following Queries,
viz* by what Authority they took "upon themselves to
" say that an Act expressly enacted not to be in Force
"till the King's Pleasure is known concerning it, ought
"to be a Rule to the Judges & others to govern them-
" selves by?"
And likewise, "By what Authority they order'd.the
" same to be printed as a Rule for the Government of
"the People?"
To which Queries the Governor desired a direct
Answer; Whereupon the Assembly came to the follow-
ing Resolution, "That as this House only gave their
"Opinion of an Act which had passed the three
1745] ADMINISTRATION OP GOVERNOR LEWIS MOBfclS. 241
"Branches of the Legislature here, and have not
" assumed to themselves any unaccountable Authority
" they think themselves not accountable for that Opin-
4 'ion, and that it is not consistent with the Honour
"and Dignity of this House and the Trust reposed in
"them, to give any other Answer." This Proceeding
of the Assembly induced the Governor to take Notice
(in a Speech he made to both Houses on the 10"' of
December 1743) of the Assembly of the Assembly's
carrying that or any other Act into Execution, that
had been Passed by the three Branches of the Legisla-
ture with a Clause providing that the same should not
be in Force till His Majesty's Pleasure was known, and
likewise told them that he hoped they would be more
prudent than to make an order for printing the same;
notwithstanding which at their next Session they car-
ried their former Order into Execution, and a Copy of
the Act was printed in the Votes of the House of
Assembly of the 201!1 November I744r, for the purposes
aforesaid
17
242 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1745
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1745] ADMINISTRATION OP OOVERNOB LEWIS MORRIS. 243
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1745] ADMINISTRATION OF OOVERNOR LEWIS MORRIS. '44.5
List of Rioters in Essex County, 1745.
[From Papers of James Alexander in New Jersey Historical Society Library, Vol. 1 j
A List of Rioters Indicted in Essex County
Quarter Sessions and Removed by Certio-
rars into the Supf Court the November
term following 1 745
Nehemiah Baldwin
Joseph Pierson
Daniel Williams
Eleazar Lamson
Gamaliel Crane
A List of Rioters in Essex County Returned upon a
Record of View filed in the Supream Court Novr term
1745
John Tompkins Abraham Ritger
William Williamson Ebenezar ffarrand
Stephen Young Thomas Gardner
Job Crane Robert Young
Thomas Sarjeant Jonathan Squire
Robert Ward John Vincent
Johannes Vanwinkle Hendrick Jacobus
Thomas Williams Joseph Lawrence
Levi Vincent Junr Samuel Crowell
William Crane Samuel Stivers
Elihu Ward
246 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1745
Minutes of the House of Representatives of Neiv Jer-
sey, October 3d and 18th, 1745.
[From Printed Votes of the Assembly among Papers of F. J. Paris, Vol. P, No. 12.]
Thursday, October 3. 1745.
The House met.
Mr. Eatton from the Committee appointed to prepare
a Draught of a Message to his Excellency, with leave
delivered it in at the Table, and it was Read, and some
Amendments were made thereto in the House.
And then the Question being put, whether the House
agree to the said Message, (which immediately follows)
or not; it pass'd in the Affirmative.
Ordered,
That Mr. Crane and Mr. Hancock do wait upon his
Excellency, and acquaint him, that when Mr. Speaker
acquainted the House with the Direction his Excel-
lency had given him, That they should let him know
when met, &c. It then became necessary to send their
Message to the Place where his Excellency was; and
that being many Miles distant from the Place of the
Assembly's sitting, occasion'd their sending the Mes-
sage with the particular Directions contained in it to
their Messengers where to deliver it. That the House
are sorry his Excellency's Weakness, with the Illness
of his Lady, should hinder his meeting them at Bur-
lington.
That however necessary the calling and keeping the
Assembly together, at their last Meeting, might be, it
had not, then, become the Subject of their Inquiry;
therefore an Apology, to them, is unnecessary; Neither
do they know, that either the House, or any of their
Members, made Application to have their meeting put
1745] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 247
off untill a further time. They were, then, in pursuit
of a necessary Inquiry concerning their being remov'd
from Araboy to Trenton (an unusual Place for Assem-
blies to sit in) as they apprehended very contrary to
His Majesty's particular Commands. And the putting
an End to that Enquiry, the House are apprehensive,
might be a greater Inducement to his Excellency's
Informers, for putting their meeting off untill a fur-
ther Time, than any Regard they had to their private
Affairs, altho' it was then Seed time. The Remem-
brance of th^ frequent Impositions of this kind, and
His Excellency's so repeatedly receiving Informations
from others concerning the Affairs of the General
Assembly of this Colony, without taking their mean-
ing from themselves, naturally puts the inquisitive
Part of Mankind in Mind of a Remark of one of the
Wisest of Rulers, Prov. 29. 12. If a Ruler hearken to
Lies* all his Servants are Wicked.
The Assemblies of New-Jersey have not, hitherto,
let their private Affairs (altho in them they have suf-
fer'd deeply, for these several Years past, both in Seed
Time and Harvest) hinder them from thinking calmly
on the Publick Affairs. They did so in Trenton, when
they passed a Bill for Support of this Government,
wherein Provision was made for the several Officers of
it: At the same Session they passed a Bill for settling
the Militia of this Province, and one other Bill for pro-
viding Arms and Ammunition for its Defence; the
compleating of all these was frustrated by the Council.
This House have, since that, at Amboy, calmly con-
sidered the State of this Colony, and passed a Bill for
the Support of this Government; which made the like
Provision with the former; and one for settling the
Militia, &c. wherein all the Provision for the Defence
of the Colony was made, that could be made consistent
with the Circumstances of it. These were made void
by his Excellency's Prorogation.
248 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1745
And now, tho' they think very calmly and concern-
edly of their publick Affairs, they can't tell how to
pass either of these, otherwise than they have hereto-
fore pass'd them, untill they can obtain some Laws to
enable them respecting the former, and Convincement
in Judgment to induce them to alter their Sentiments
respecting the latter: But as they told his Excellency
at Amboy, so they are still willing to pass Bills of a
like Kind, if those will be acceptable to his Excellency
and Council, but not to make any larger Applications,
untill they have a sufficient Encouragement for their
obtaining those Bills they then mentioned to his Excel-
lency: And this Opinion they are confirmed in by the
General Voice of their Constituents, which they con-
ceive ought to have some Weight with His Excellency.
And as it gives this House great concern to find those
Obstructions to the publick Business thrown in the
Way by His Excellency and Councill, still unremoved,
so whenever they will be pleased to remove them, the
House are ready and willing to proceed accordingly,
untill that is done, they fear they shall but spend Time
in Vain (as the Assemblies too often have done) in
preparing of Bills at either their own, or the Country's
Expence: They do therefore rather chuse, until then,
to follow His Excellency's former Advice, to defer the
preparing such Bills until some future favourable
Opportunity, when Reason and Argument may have
greater Influence.
The Assemblies of New-Jersey have always made
ample Provision for paying his Excellency's House
Eent, ever since he came to the Government, (tho'
never done for any of their Governors before) and had,
in each of the above mentioned Bills, made Provision
as largely as ever, notwithstanding His Excellency has
now given the House his Opinion, that is a thing inde-
pendent of the Support of Government: When his
Excellency will be pleased to convince this House, that
1745J ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 249
it is so, he will not find it any hard Matter to perswade
them that they have nothing to do in providing for
the Payment of it, for the future.
Whoever will take the Pains to read the Petitions,
made to his Majesty for a separate Governor, and give
themselves time to think, they will find they arose
from the Necessity the Inhabitants were under, of
having Acts of Government performed for the Ease
and Relief of the People; and as this was the End and
Design of the Petitions, so we have the greatest Reason
to believe, from His Majesty's known Candour and
Goodness, that it was the chief Inducement to him to
grant their Prayers; and when his Majesty's salutary
Intentions are answered by his Officers, the People will
always exert themselves in keeping up their Salaries
to the utmost, and sometimes even beyond their Abili-
ties: But when they are so far disappointed of having
those gracious Purposes complyed with, that they are
in a worse condition than formerly, being not only
obliged to groan under their former Grievances, but
the Addition of new and unheard of Perplexities, then
will they make Use of their known Rights and Privi-
ledge allowed them by their happy Constitution, in
judging according to Scripture and right Reason, that
every Man ought to be rewarded according to his
Works.
That the Law for settling the Militia of this Colony,
pass'd by his Excellency in the Year 1738, is still in
force till March next, and from thence to the End of
the next Session of the General Assembly, which will
in some Measure answer the Want of those the Assem-
bly have so often endeavoured for, in order to put the
Colony into as good a Posture of Defence as they could
do, without being able to obtain them; but as no
Endeavours of theirs have been wanting, all the ill
Consequences that may accrue for want of a better
Militia Act, they are humbly of Opinion, ought justly
250 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1745
to be charg'd to the Account of those who have so
often frustrated the Good Intentions of the Assembly's.
As this Colony hath not (as the House can be
informed) ever had anything to do in Indian Affairs
(out of its own Limits) neither been partakers of the
Benefit of their Trade, they make no doubt but the
Treaty will be carried on to Satisfaction by those who
are more immediately concerned in it than we are:
And as their Commissioners are now meeting at
Albany on a Treaty with them, wherein they are to
have the Company and Assistance of Governor Clin-
ton, whose prudent Conduct, with the Commissioners
from the Neighbouring Colonies, the House doubts not
will be sufficient to keep them in their usual Fidelity
to his Majesty. But if it should happen, that those,
or any other Indians, should make War upon any of
the Neighbouring Colonies, this House will, as they
have hitherto done, exert themselves to the utmost of
their Abilities, to assist His Majesty and his Subjects
against their Enemies.
That it is with concern they hear of the Riot com-
mitted at Newark, and with Abhorrence of all such
Actions look on those who will not be Subject to the
good and wholesome Laws of our Nation, as Enemies
to the Common Good; nevertheless, as far as we
know, the Laws now in Force are sufficient for the
Punishment of those that are guilty of the Breach of
them; and the House are of the Opinion, that all vio-
laters of Laws ought to be very early brought to Jus-
tice; otherwise, as His Excellency very justly observes,
the Infection will soon spread, common People will
follow the Example of their Superiors, and hope for
the like Impunity. Had those Magistrates in the
County of Hunterdon, complained of by the last House
of Assembly for their subverting a Law of this Prov-
ince, met with a due Discouragement from his Excel-
lency, it might have deterred others from attempting
anything of that Kind. The executive Power of the
1745] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 251
Law is entrusted with his Excellency, and only the
Assistance in making tfiem required of the Assembly;
and when His Excellency will be pleased to point out
to us, any Deficiency in the Laws for bringing to con-
dign Punishment any of the aforesaid Offenders, it
shall always have its due Weight with this House.
That we have the Pleasure to acquaint His Excel-
lency, that we wer*e the first of the Colonies (except
those immediately concern'd in the Undertaking) that
gave a Sum of Money to purchase Provisions for the
Use of His Majesty's Subjects at Cape-Breton; and
what we then gave was judg'd since (as we are
inform'd) by our Neighbours to be in full Proportion
with any of theirs; and we hope will be accepted as
what we are at present able to do. This Colony, by
Reason of the Expedition to the West-Indies, and the
large Number since gone in the Privateering Service,
is very much drained of Men, and the Season of the
Year too far advanced for the raising them timely
enough to be transported to Cape-Breton, were they to
be had, and we of Ability to defray the Expence,
which at present we are not: And as timely Intelli-
gence was sent to His Majesty of that Acquisition, we
make no doubt but that he will take the Place under
his own Protection and send Men to relieve those that
are there.
Friday, October 18th, 1745
The House Met * * * at two of the
Clock in the Afternoon.
Mr. Secretary brought a Message from his Excel-
lency, which he read, and then delivered to Mr.
Speaker, and it is as follows, viz.
Mr. Beaker, October the 18th. 1745.
I Received a Paper by Messrs. Crane and Hancock,
which they said was a Message from your House,
252 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1745
which they declined reading of for Reasons to them-
selves best known; and which Men of any Modesty,
tho' concerned in the contriving and forming of a
Message of that Kind, wherein the Methods of com-
mon Decency have been so much neglected, had but
two much Reason to do.
When the House presented you as their Speaker,
you prayed, that the usual Liberties supposed to be
annexed to that Station might be granted to you; and
that the Members of your House might at all Times
have free Access to me upon urgent and necessary
Occasions. 2d. That if in any thing you should mis-
take or misreport any thing committed unto you to
declare, that your unwilling miscarriage therein might
be pardoned. 3d. That they might have Liberty and
Freedom of Speech in whatsoever they might have
Occasion to propound and debate in the House, &c.
These Liberties &c. in Imitation of the House of Com-
mons, were always asked, as they were by you, and
always granted, both at Home and here: But so as
they were discreetly and modestly used.
No Priviledges, either inherent or granted, can be
construed to give either your whole House, or any
Member of it, or any else a Liberty of using any inde-
cent Expressions, or of vilifying the Kings Representa-
tive, or of abusing His Majesty's Council.
The Conduct of your House at their last Meeting
shewed, that they had not made (as they tell me in
their Message) what was recommended to them, at all
the Subject of their Inquiry, and their not doing so,
requires an Apology (tho' they say it doth not) for
their great neglect in that Case; and the best they can
make, is the heartily setting about, and effectually
doing what was recommended to them, and needs so
much to be done; and not the pursuing an Inquiry
with which they have nothing to do.
They may see by the King's Letters Patent under
1 "•!"•] ADMINISTRATION' OF GOVERNOR LEWIS MORRIS. 253
the Great Seal of Great-Britain, and upon Record here,
that the Calling, Adjourning, Proroguing and Dis-
solving of General Assemblies, is a Power his Majesty
has been graciously pleased to entrust with me; and
Assemblies are bound on their Allegiance to obey.,
How far I may, or may not, execute these Powers, is
contained in his Majesty's Instructions to me, which I
have communicated to His Majesty's Council, one of
the Parts that constitute a General Assembly, and
who are the only Persons here that are to judge how
far in that Case I have acted agreeable to His Instruc-
tions or not: But I do not think it for His Majesty's
Service, to communicate farther than I have already
done, an Instruction, or the Effect of it, to you, with
which you have nothing to do; I being only account-
able to His Majesty, if I should neglect His Directions
to me, which I have not in any Case done that I
know of.
Tho' the Members of your House might have spent
their Time to much better purpose than trifling it
away upon a needless Inquiry, yet I do not think it
was any Motive to induce the Council (if they knew it)
to advise the Adjournment or Prorogation of the
House: It might indeed shew them, as it did every
Body else that knew what they were about, (as I did
not) the incurable Disposition the Majority of your
Members are possessed of, to quarre^ and jangle upon
every Occasion; and industriously to seek for Oppor-
tunities, and make use of every Handle, to foment and
increase that Difference between the Parts of the
Legislature, themselves had so unwarrantably and
unreasonably created, and leave no Method unessayed
still to continue and promote. The Reasons the Coun-
cil gave me for the Proroguing the last Meeting was
the Necessity the Members weiv under of attending
their private Affairs at home, it being their Seed-time;
and therefore advised me to prorogue them to Bur-
254 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1745
lington. This was accordingly done, that they might
then without further delay, enter and proceed upon
the absolutely necessary Business they were called
together for; which instead of doing of, they have,
upon feigned frivolous pretences, avoided medling
with and left undone.
The Gentlemen of the Council, who advised this
Prorogation, at a Time when the publick Affairs
required so much the Members of your House being
kept together, are Inhabitants of the Western Divi-
sion, are Men who well know the Seasons of Seed-
time, and are well acquainted with most of the Mem-
bers of your House, especially those that are of the
Western Division, and their Circumstances; and is it
not more reasonable to believe, that they gave this
Advice for the Reasons they say they did, and that it
was agreeable to the Sentiments of Men they were so
well acquainted with, than to suppose they did it, to
put an End to an impertinent Inquiry, which could be
of no good Use whatsoever, but evidently entered upon
to distract the Minds of the People, and to prevent the
House from proceeding upon any of the Matters then,
and before that, recommended to them, tho' of the
utmost Consequence to the Safety of the Province.
These Councellors are not my Servants, but his
Majesty's, and is their any Reason, from this Advice,
to conclude, that tjie Advisers are Lyars, and Wicked?
Or that the Ruler hearkens to Lies, either from them,
or any Body else? Expressions like these may gratify
the malicious Temper of low Minds, unacquainted with
the common Rules of Decency, and incapable of any
thing above the Scum of the People; but will any
Body, but such as themselves, say, that it is becoming
the Representative Body of a Province to use such to
the King's Representative, and with Respect to the
Chief Magistrates of a Province? tho' ushered in by a
Text of Scripture, in order to make the weak minded
1745] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 255
among their Electors believe, that the Application of
that Text to the Governor and Council is just; and to
alleniate [alienate* | their Affections from His Majesty's
Government, and stir up Sedition amongst the People,
upon no other Ground than the want of Shame and
Manners in those that made Use of them.
The Remembrance, as they say, of the frequent
Impositions of this Kind, and my repeatedly receiving
Information from others concerning the Affairs of the
General Assembly of this Colony, put the inquisitive
part of Mankind in Mind of the Remark of Prov. 29.
and the 12th. The Inquisitive and Ingenious part of
Mankind are always capable of making suitable
Remarks upon what occurs to their Observation; but
that doth not give the Members of your House (who
are by no Means intitled to that Character) a right to
make Use of Scripture to abuse their Superiors; which
no ingenious and honest Man would think there was
Reason for doing on this Occasion.
In a late Address from your House, they call them-
selves Plowmen: To such, Language of this Kind may
not be disagreeable; and from such, remarks of this
Kind not unexpected, as being most suitable to Men of
such Characters: But the Wise Son of Syrach is far
from reckoning such among the inquisitive Part of
Mankind; or Men supposed capable of knowing what
the inquisitive Part of Mankind would do in the 38th
Chapter of Ecle. the 25th, 2(>th and 33d Verses.1
Pray what are the frequent Impositions of this Kind
that they remember so well, and my repeated receiv-
1 A note is here appended in the handwriting of Samuel Nerill:
"25 How can he get Wisdom that holdeth the Plough, and that glorieth in the
Qoad, that driveth Oxen, and is occupied in their Labours, and whose Talk is of
Bullocks. '
" 86. He giveth his Mind to make Furrows, and is diligent to give the Kin.- Fodder.
" 83. They shall not be sought for in Publick Counsel, nor sit high in the Congre-
gation; they shall not sit in the Judges Seat, nor understand the Sentence of
Judgment; they cannot declare Justice and Judgment, and they shall not be found
where Parable* are spoken.''
250 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1745
ing Informations from others? Let them give some
Instances at least of these so frequent Impositions, if
they can, for I remember none of them; and am so
weD. acquainted with the Nature of Assemblies, and of
this in particular, that I need no Information from
themselves, or any Body else, concerning them.
I do remember a Complaint of this Kind was made
by the present Members of your House when they sat
last at Amboy, upon as groundless Pretences as now;
upon which I shewed from their own Minutes, that
they referred to, that I had my Informations from
their Minutes concerning their Conduct. These were
two notorious to be denied; and with much ado got
entred in their Minutes, tho' not in the right Place.
By these Minutes it appeared, and always will
appear, while those Minutes (or Eecords if they please
to have it so) remain, That the Difference now subsist-
ing arose solely from the House of Representatives
themselves, and was of their own seeking, unprovoked
by me, and at a Time when I had granted them all
they desired; and all things then seemed to tend to
Peace, and a happy Settlement of the Publick in the
Opinion of all, except such who were resolved to quar-
rel at any rate, and run the Province into Confusion.
This Conduct was two notorious to be deniei, and
too gross to be palliated; and the present House of
Representatives, whose Members chiefly consist of the
same Men that so industriously raised and promoted
that Difference, and who still promote it to the utmost
of their Power; was so unable to deny a Truth so well
known and evident, that in their Address to me, they
desired to be excused answering what I had said, on
the Pretence, forsooth, of their being Plowmen, and
not furnished with sufficient Talents for Controversy.
When I moved the Assembly from Amboy to Bur-
lington, (out of its turn) it was at their own desire:
This came indisputably from themselves; they became
1745] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 25?
Petitioners to me for doing so, and to induce me to do
it, made large Promises in their Address to me, not
one of which they have complyed with; and as it
appears hy their Conduct, never intended to comply
with any of them: This shews what Opinion the
World ought to entertain of the Truth and Sincerity
of those great Pretenders to both.
When I was at Burlington, I was suddenly taken
very Sick, which confin'd me several Days to my Bed,
and made my removal to my House at this Place
necessary, where I was confined to my Bed and Cham-
ber in great Pain the greatest Part of the Winter, and
reduced almost to a Skeleton; as I am now by this last
Illness. This made the adjourning the Assembly to
Trenton, about a Quarter of a Mile from this Place,
necessary; in order to finish the Business then before
them, and make good the Promises made to me in
their Address, if they had any Intentions of doing it.
This is a Fact known to all, and shew'd the Reason
and Necessity of moving the Assembly at that Time
to Trenton. There several Bills were passed by the
House, and one in particular to make current £. 40,000
in Bills of Credit; brought in with a i>ompous Pream-
ble for the Reasons of doing it, viz. Building a House
for the Residence of the Governor: A. Place for the
Meeting of the Council and Assembly; and for keeping
of the Secretary's Office. These they well knew were
good Reasons for making of such a Bill, and much
wanted: But as there were no enacting Clauses, either
in this Bill, or any other, for doing any thing of this
Kind, it shews they never did intend to do any Thing
of that Nature, and that this Preamble was mere Pre-
tence, introduced with a View to induce the Council to
pass the Bill as it was then drawn; but they did not
pass either that or the other of their Bills, for Reasons
they have assigned and are publickly known. The
Council refusing their Assent, the Assembly then pro-
18
258 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1745
ceeded to a Bill for the Support of the Government, in
which they lessened my sallary one half, and the
Chief Justices three Fourths, and cramp'd most of the
Officers, of the Government in their Sallaries: So that
the Support of the Government was reduced to about
the one Half of what was usually applyed for that
Purpose.
This, they knew, neither would, nor could be
assented to by the Council, as very insufficient for the
Purpose; and all the Reason they assigned for this
Conduct was, That Ways had been thought of to
influence the Council to reject their Bills. The Coun-
cil have undoubtedly a Right to approve or disapprove
any Bills sent to them by that House; as is owned,
and that whether influenced by Ways, or Reasons
thought of by themselves, or any body else: But if
they Exercise this Right, which it is on all Hands
agreed they have a Right to do, your House is resolved
not to support such a Government.
This shews, that notwithstanding the Address of
that House petitioning to be adjourn'd to Burlington,
and the Promises made in it, That the Majority of the
Members that made it, met at Burlington predeter-
mined not to comply with any of their Promises; nor
to support the Government, or provide for its Defence
by a Militia Act, unless the Council and my self
assented to the Act for making £. 40,000 Current in
Bills of Credit, and such other Acts as they had pro-
posed, and in the Manner they had drawn them.
Upon this, that House was dissolved, and the Pres-
ent chosen, which consist chiefly of the same Men,
and possess'd of the same determined Resolutions;
and accordingly, during the Time of their last siting at
Amboy, industriously fought, and readily laid hold of
any Pretence that gave them the least Handle to dis-
pute and differ; so that the Time there, was chiefly
spent in Wrangles and Disputes, that should have
1745] ADMINISTRATION OP GOVERNOR LEWIS MORKIS. 259
been employ'd to much better purpose. At last at a
Conference with you the Speaker, and some Members
deputed by the House, the true Reason of all these
Delays and little Crafts to avoid doing what they were
called together for, came out; and that was, they
wanted (as they called it) Encouragement: And the
Encouragement they wanted was, a Promise that the
Bill for making £'. 4o,<>00 in Bills of Credit, and two
more they named, should pass into Acts.
They did not pretend an Inability to support the
Government, the Contrary being evident, and Money
sufficient lying dead in the Treasury for that Purpose,
but told me, the House would willinyly support
the Government with Sallaries as large as any had
been given during my Administration, on Condition
they could obtain these Acts; and after that sent me a
Message, saying, They had solicited me, and that the
House would willingly support the Government with
Salaries as large, &c. on condition they could
obtain these Acts. They add, what was not mention'd
before, viz. That would enable them to do it in a
Manner they could approve of; What that Man-
ner would be, I know not; tho' from their pass'd
Conduct, it is not very difficult to guess. But the
Messages then, and now sent to me plainly shews, that
the passing the Bill they sent up, both by the Council
and my self, and in the Manner they have drawn it.
to make £. 40,000 in Bills of Credit is a condition
of supporting the Government, a Condition which if
not performed, they declare will not support the Gov-
ernment in the usual Manner even for a single Year.
They say, they shall be enabled to support the Gov-
ernment by the having that Act in a Manner they
could approve of: But pray what Manner is that?
Would the Government have any greater Security
than it has already of being supported? Or is there
anything to be gathered from their past Conduct of
their supporting the Government as they ought?
260 ADMINISTRATION OF GOVERNOR- LEWIS MORRIS. [1745
When the Act was in Agitation against bringing
Actions under Fifteen Pounds into the Supreme Court,
they were so sensible that it abated considerably of
the Perquisites of the Chief Justice, that they con-
sented to add to his Sallary in Consideration of that
Abatement; but notwithstanding, when they had by
that Means obtained the Act, they soon after took off
that Part of his Sallary, and more.
However essentially necessary they call, or think
their favourite Bill for making £. 40,000 current in
Bills of Credit, the Gentlemen of the Council, who
know as much of the Matter as your House do, and
have as great a Eight to think and Act in Legislation
as they have, think that Bill to be neither necessary
nor convenient, but the Contrary, and accordingly
refused their Assent to it," as they have to your other
Bills. But supposing they should be so far influenced
by your Clamour, as to assent to such Bill, or to that
Bill, what Security has the Government of being bet-
ter Supported than it was before?
You may call any Bill that you think fit to propose,
essentially necessary, and refuse to support the Gov-
ernment if not assented to, as well after that Bill is
passed as before; and as Things are Circumstanced, if
the continue so, your House will always have the same
Means in their Hands, and it is not impossible to
suppose they will make use of them for the same Pur-
pose.
In a Message of, I think the 27th of May last, your
House say, that they are determin'd to assent to no
larger Applications until you can have an Assurance
of obtaining some Acts they think they have a right
to, one of these is the Act to make £. 40,000 in Bills of
Credit.
It is a Point disputed whether any Man, or
Authority, can oblige a Man to take a Piece of Paper,
of not a Farthing Value, for the Value of One Shilling
1745] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 261
i
or Five Pounds in Silver: But pray how came your
House by the Right of making these Bills themselves,
or having them made for them?
When I called you to this Place, instead of meeting
you at Amboy, I told you the Reason of my doing so
was my not being able to attend at Amboy: The Thing
was evident to yourselves, and all that saw me; and
the necessity of your Meeting here, or not at all, being
self evident; there was no need of the formality of
calling the Council, could they be easily got together
(as they cannot) to give an Advice, which of Course
would have been given, as will appear by what Advice
has been given on the present Meeting here by His
Majesty's Council, who are the only Persons concerned
to advise in this Case; but their Advice is but Advice,
and of no greater Authority ; and tho' I always have,
and always shall be, glad of receiving it when I can
get them together, or the smallest Quorum of them,
and pay a great Regard to what they do advise; tho'
it is no easy Matter to get them together, there being
no Provision made to defray the Expence of their
Attendance; yet if I should take upon me to act with-
out, or even Contrary to their Advice, His Majesty,
upon seeing the Reasons of my doing so, is the only
Judge whether I am blameable or not: But not your
House, or any Member of it, to whom I am no Ways
accountable that I know of.
By your Message to the Council, your House
demanded of them to know whether you were*
adjoum'd from Burlington to Trenton by their Advice,
or not? The Answer to this Question being capable of
being made by you a pretence and precedent for
demanding in any Case, an account of what Advice
they gave the Governor; and the Demand being made
probably more with that Intent, than to know whether
they advised so or not, (which they conceived your
House had nothing to do with) They judg'd it by no
262 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1745
Means adviseable to give you any Satisfaction on that
Head, least it should be, in Times to come, made use
of as a Precedent; being dangerous in its Conse-
quences, because you, or future Assemblies, might in
any other Case, demand whether the Council advised
so, or so, or not, and if refused to be answered, afford
a Pretence of Difference.
Tho' your House might make that Demand with
such an Intent as well as with other Views; yet I,
who by their pass'd Conduct well knew they were
capable of making any thing a pretence, and would do
so, to avoid what was required of them, did (as much
as I could to prevent their doing so) permit the Secre-
tary to shew to the Speaker and some of the Members
what Advice was given me on that Head: He accord-
ingly informed the Speaker of this, who, with three
other Members, came to the House of Mrs. Loveland
and there the Secretary laid the Council Book open
before them, and pointed to the side where the Advice
was written: One of them seemed to read it cursorily
over, and all of them might have read it if they would.
But one of them ask'd the Secretary, whether the
Governor had ordered him to shew it them, that they
might enter it 011 their Journal? or Words to that
Effect. The Secretary reply'd, that he had no Orders
to that purpose; but was permitted by the Governor
to shew it them, that they might (as the Secretary
supposed) be satisfied that he had called them to Tren-
ton by Advice of Council, and upon their declining to
look into the Book more than had been done, he took
up the Book and left them.
Tho' most believed they well knew they were called
to Trenton by Advice of Council, yet this shews, that
they not only did not want any Information of this
Kind, but that they refused to receive it 'when they
might have it; and that all the Clamours they make on
this Head, are groundless and unreasonable, as well as
1745] ADMINISTRATION OP GOVERNOR LEWIS MOKRIS. 263
untrue Pretences, to avoid supporting the Govern-
ment, or providing in any Case for its Defence; they
being determined, as appears by their Messages, not
to consent to a larger Application of the publick Money
to the Support of the Government than what they
there mention; which they know will neither Answer
the End of supporting the Government, nor can be
accepted as sufficient for that purpose; and by this
Method entertain the vain Hopes of compelling the
Governor and Council to assent to their Bill as they
have drawn it. of making Forty Thousand Pounds
current in Bills of Credit; and this they may do on
any other Occasion, as well after such a Bill passes as
before, whenever the Council or my self refuse to com-
ply with Demands or Proposals either of us think
unreasonable or detrimental to the Publick. Of this
Nature is every Thing else they have said, mere Pre-
tences, and very weak ones, to avoid doing what was
recommended to them, unless they have Forty Thou-
sand Pounds in Bills of Credit.
These Men (tho' they cannot bear to be told of the
evident Miscarriages of former Assemblies) have
unreasonably clamour'd in several successive sittings,
because the Justices of Hunterdon were not prose-
cuted, when they well know I never hindred them
from being so. I took much Pains in a very weak
Condition (as I am at present) to set that Matter in as
clear a Light as I then could do, and the Law was
open to any Body that thought themselves agrieved to
prosecute them if they thought fit, and it is still: But
why they should be displaced upon the Suggestion of
a few Petitioners, till they were con victed of having
done something to deserve it, or prosecuted at the
Charge of the Government, or at my own private
Expence, especially since there is not any Support of
the Government, nor is not, nor never was since my
Administration, any Fund appropriated for to defray
^64 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1745
the Charge of that or any other Incident, your House
has never yet shewn me, nor I believe never can? But
if your House, who have taken upon themselves to
determine, that these Justices have subverted the Law,
or any of your Members, are inclined to prosecute
them in a Court of Law, they are at Liberty to do so;
for there only it can be legally determin'd, whether
they have subverted the Law or not. This you have
been told more than once, but resolve to make use of
any Pretence, however groundless, to continue your
Clamours.
The Laws are sufficient to punish Rioters, or other
offenders: But neither the present Militia Act, nor
any that you have attempted to make, are' sufficient
to quell a Eiot of this Kind, or. perhaps an Insurrec-
tion, for which force may be necessary; which cannot
be continued without some Provision to support them ;
nor can the Officers and Courts necessary to convict
them, attend that Service, without Sallaries, or some
Provision, to defray the Charge of Prosecution, which
are not provided, nor, as appears, intended to be pro
vided for by your House.
The Petitions for a separate Governor are known, as
are the Reasons for making them; which were, that
the Governor generally resided at New- York, and
often preferred the Interest of that Province to the
prejudice of this; that his Absence occasioned almost
an intire neglect of the Affairs of this Government,
and great Delays in the Administration of Justice,
both in Causes depending before him in Chancery, and
before him and the Council on Writs of Error: And
whoever reads these Petitions, will (from your Mes-
sage) conclude, that your House never did. Do you
groan under these Grievances now? or did you at
any time since my Administration? Have I been out
of the Government at any time since I came into it,
unless a small Time at first to provide for the Removal
1745J ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 265
of Wife and Family into this Province? Has there
been any unreasonable' or great Delays in Causes
depending before me in Chancery, or before the Coun-
cil and my self on Writs of Error? Say if you can; for
these were the Mattel's complained of. What Act of
Government has been refused to be done, for the Relief
of the People? You ought at least to have mention'd
one among this heavy Load of Grievances that you
groan under: But all this Noise of Grievances, this
refusal of Acts of Government for the relief of the
People, upon Examination, will amount to no more
than the Council's denying their Assent to your Bill to
make Forty Thousand Pounds, and this only is evi-
dently meant by what they say.
Tho' you never had> or never should have, any thing
to do witji the Indians out of your own Limits, or the
People of Albany, yet (as an Indian War is not
unlikely) Care should be taken to provide for the Sub-
sistence of a Force to protect our back Settlements, in
case it should happen: But it seems nothing is to be
done, tho' absolutely necessary without Forty Thou-
sand Pounds in Bills of Credit being made Current.
You excuse the not giving Aid of Men to Louisburg,
because the Province is drained of People by Priva-
teering: Few went a Privateering from this Province,
and notwithstanding the pretended Diminution by
Privateering, or the real Numl>er of three full Com-
l>anies of loo men each that went to Carthegena, the
Province is so far from being drain'd of People, as you
pretend, that by the Account^ IK.NV brought me in of
their Numbers, there aiv above Sixteen Thousand
souls more than there was in the Year 1737-S or 17H8.
when they were last numbered; so that what your
House take upon themselves to assert, appears a poor
Excuse, without the Foundation of Truth to support it.
LEWIS MORRIS.
Then Mr. Secretary read a Prorogation under the
266 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
Great- Seal of this Colony, whereby the General
Assembly stands Prorogued to Tuesday the Nineteenth
Day of November next, then to meet at Trenton.
A Brief Vindication of the -Purchasers against the
Proprietors, in a Christian manner.
[From Papers of Ferd. J. Paris in the New Jersey Historical Society Library, Book
P, No. 3.1
A BRIEF VINDICATION of THE PURCHAS-
SORS against the Proprietors | in | a
CHRISTIAN MANNER. |
| iiij The Preface to the Reader;
I Have presented a Letter to thy Views, hoping that
thou wilt seriously consider the Reason for so doing;
as every private Man has a Talent committed to his
Charge, at least one, and he will certainly and undoubt •
edly be called to give an Account, how and in what
Manner he has traded with the same, whether he has
improved it to his Master's Advantange, or his own;
And likewise I tell thee Reader, That I have no Hatred
against any Persons whatsoever, for I could heartily
desire that all Men might be saved; yet this is what I
have to say, that I have more Charity for some, than
I have for some Others; Our Lord and Master Jesus
Christ had three Favourites, [iv^ Peter, James and John,
and of these Three John was the Darling. He was
the Disciple whom Jesus loved, with a peculiar Love,
and was admitted to lie in his Bosom; for in my Let-
ter, it may seem to some Persons, that I have spoke
more in Favour of one Party, than T did in the other;
but I would have thee to consider, if I should vindicate
any Manner of Persons in willful Sins I should become
1746] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 267
their utter Enemy, and for that Reason I vindicate
none but what is agreeable to the Gospel, and so I
desire of thee, That thou would' st not look on the
Weakness of it, but mind the Intention and Manner of
it, and so I would have thee observe these Rules; first
believe thy self then to be no less accountable to GOD
for such Sins of thy Thoughts, than of thy Words and
of thy Action; Eecl. .m. 4. God shall bring every
secret Thing into Judgment, whether it be good, or
whether it be Evil. Secondly, Think Contentment to
be the truest Riches, and Covetousness the greatest
Poverty; he is not Rich that hath much but he that has
enough. That Man [v] is poor that covets more, and
yet wants a Heart to enjoy what he has already. 3dly
Think it not Part of thy Bussiness curiously to search
into other Mens Lives, but narrowly to inspect the
Error of thine own; it is much better to amend one
Fault in ourselves, than find out an hundred Faults in
another; Fourthly. Think it a greater Virtue to for-
give one Injury, than to do many Kindnesses, because
it is harder, and more against. Nature? But let not
the doing of one hinder thee from doing the other, for
both are Necessary. Fifthly. Think him no true
Friend whom one Injury can make thine Enemy; he
must have no Friends that will have a Friend with no
Faults.
And also consider this further, that our Tongue is
our Glory, the Index and Expression of our Mind and
Thoughts, the Instrument of our Creator's Praise; and
there is no Subject so sublime and honourable for the
Tongue of Man to be employed about, as the Word
and Works of God. There's a great difficulty in gov-
erning the Tongue, it l)eing a proud and active Mem-
ber, and therefore the Scripture places much Religion
[vij in bridling of the Tongue. James i. 20. It is the
great Wisdom of a Man to know when, and What to
speak; how and when to be silent, for a Man may Sin
2G8 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
both Ways, by over much Silence, as well as by over
much speaking. Wo be unto us if we want a Tongue
to publish God's Truth, to plead God's Cause, to vindi-
cate God's Honour, and to sound forth God's Praise.
Yet place not Religion in Talk only, nor Measure
Goodness by good Words; 'tis much easier to Talk like
a Saint than to be one. If thou canst not speak well
of thy Neighbour, be silent, except the Glory of God,
and the good of others oblige thee to Speak. And now
Reader consider is here any thing contrary to thy
Opinion, take care and do not abuse the Word, least
thou come short of that Glory, which shall be made
Manifest for nothing is more certain than Death to all
Men. But how dreadful will death be, when it comes
to be death Eternal.
And now Reader thou dost find here some few
Verses presented to thee, with an Intention to soften
thy Heart, before thou readest the main Intention of
my Letter, and likewise a few Ejaculation as in the
latter End.
[vii] A Song of Praise to God.
I.
How Glorious is our Heavenly King
Who Reigns above the Sky!
How shall a Man presume to Sing
His dreadful Majesty?
II.
How great his Pow'r is, none can tell,
Nor think how large his Grace;
Not Men below, nor Saints that dwell
On high before his Face.
III.
Not Angels that stand round the Lord,
Can search his Secret will;
But they perform his Heavenly Word,
And Sing his Praises still.
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 269
IV.
Then let me join this Holy Train,
And my first Offerings bring;
Th' Eternal God will not disdain
To hear an Infant Sing.
V.
My Heart resolves, my Tongue obeys,
And Angels shall rejoice
To hear their Mighty Maker's Praise
Sound from a feeble Voice.
[viiil SONG. II.
Praise for Creation and Providence.
I.
I Sing the Almighty Pow'r of God,
That made the Mountains Rise,
That spread the flowing Seas Abroad,
And Built the lofty Skies.
II.
I Sing the Wisdom that ordain'd
The Sun to Rule the Day;
The Moon Shines full at his Command,
And all the Stars obey.
III.
I Sing the Goodness of the Lord,
That filTd the Earth with Food;
He form'd the Creatures with his Word,
And then pronounc'd them good.
IV.
Lord, how thy Wonders are display'd
Where e're I turn mine Eye!
If I survey the Ground I tread,
Or Gaze upon the Sky.
270
V.
There's not a Plant nor Flower below,
But makes the Glories known;
And Clouds arise and Tempest blow
By order from thy Throne.
[ix] VI.
Creatures (as num'rous as they be)
Are subject to thy Care;
There's not a Place where we can flee,
But God is present There.
VII.
In Heav'n he Shines with Beams of Love,
With Wrath In Hell Beneath;
'Tis on his Earth I Stand or Move,
And 'tis his Air I Breath.
VIII.
His hand is my perpetual Guard,
He keeps me with his Eye,
Why should I then forget the Lord,
Who is forever Nigh 4
SONG. III.
The all seeing God.
I.
Almighty God, thy piercing Eye
Strikes thro' the Shades of Night,
And our most secret Actions lie
All open in thy Sight.
[xj II.
There's not a Sin that we commit.
Nor wicked Word we say,
But in the dreadful Book 'tis Writ
Against the Judgment Day.
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRtS. 271
,
And must the Crimes that I have done,
Be read and publish'd there,
Be all expose'd before the Sun,
While Men and Angels hear?
IV.
Lord, at thy Foot asham'd I lie,
Upward I dare not look;
Pardon my Sins before I die,
And blot them from thy Book.
V.
Remember all the Dying pains
That my Redeemer felt,
And let his Blood wash out my stains,
And answer for my Guilt.
VI.
0 may I now forever fear
T indulge a Sinful thought,
Since the great God can see and hear
And Write down every Fault.
[xi] SONG. IV.
Solemn Thoughts of God and Death.
I.
There is a God that Reigns above,
Loi-d of the Heav'ns, & Earth & Seas:
1 fear his Wrath, I ask his love,
And with my Lips I sing his Praise.
II.
There is a Law which he writ,
To Teach all what we must do;
My Soul to his Command ^nlmiit.
For they are Holy, Just and True.
272 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
III.
There is an Hour when I must Die,
Nor do I know how soon 'twill come;
A thousand Men as young as I
Are call'd by Death to hear their Doom.
(1) A Brief Vindication, &c.
To the Inhabitants of Newark, and The rest of the
American Brethren; sendeth, these few Lines Greet-
ing; Hoping by the Blessing which is in Christ Jesus
that you will give your Attention. Now, as every
Man that is born of a Woman ought to consider, that
there is Nothing concerns a Man so much as the Sal-
vation of his Sonl, this is the Thing in Hand to con-
sider; methinks, according to the Ways and Manner
of acting at this present Time, there is but little, or
very little indeed that takes Notice of this great Work
of Salvation; there is a (2) Heaven of Happiness before
us, and also a Hell of Tormenting, and yet we live in
this World as if this was false, and a lie too; as it may
be seen in a plain sight to those that's true to the
eternal King of Heaven, and he that walks willfully
contrary His rule can't be look'd on no other but as
bastardly Broodes; for Reason itself against us, that
those are Enemies to the God of Truth, and then con-
sider first. There is one Thing needful to every Man's
Salvation, and that is this, Namely, a right Knowl-
edge, a right Faith and a righteous Life; Knowledge -is
the Foundation of our Faith, and Faith the Foundation
of our Obedience, aud Obedience the condition of our
Happiness; for although a Man may know the Will of-
God, and not do it, yet he can never do it acceptably
and not know it. A wilfull ignorant Man can neither
serve God, nor be saved by Him. And this I suppose
you'll all agree to believe, but not to perform and
practice the same; And so I beg leave, if pleaseth to
1746] ADMINISTRATION' OF OOVERNOR LEWIS MORRIS. 273
give me this Liberty by sending this Letter (3) among
you, hoping you'll consider the great Talent that is
committed to you by our Lord and Master Jesus Christ,
and likewise to consider who he is, and what he has
undertaken for us, by giving his revealed Will unto
us Christians to work thereby, for he gives us this
Charge; Occupy until 1 come, or else hold fast which
thou hast, until I meet thee again at the Day of Judge-
ment.
And now comes the second Cause to consider, and I
hope you'll^not be forgetful Hearers, this is the Coun-
cil of every godly Man? Be strictly Just in all thy
dealing with Man. and think not thy self discharged
from the Duty of Righteousness towards thy Neigh-
bour by any extraordinary measure of pretended Zeal
and Piety towards God, for all such pretences to Piety
are but Hipocrisy, if Men be not really Honest as well
as seemingly Devout; for Dishonesty and Unrighteous-
ness will certainly shut Men out of Heaven, as well as
Impiety and Prophainess. I Cor. vi. 9.
(4) The third Consideration in Hand; Be covetous of
nothing but of doing Good, and Prodigal of nothing
but of good Council, remember also thou Reader, that
readest these Lines, that the fourth Cause is next.
Unwillingly undertake a Suit of Law, and most
willingly make an End of it, chuse rather to buy
Quietness with some Loss, than Gain much by Strife
and Contention; for going to Law is one of those law-
ful Things, which is very difficultly manag'd without
Sin, 'tis rare if a Man wrongs not his Soul by righting
his Estate; which brings me on the full of my Inten-
tion, but few Words is necessary to consider. Fir-t.
Perhaps some will object and say, it is not for Men of
a private Capacity to dispute but obey; well, then I
look upon this obedience to be the rule of Life both
Body and Soul; and then to consider who^is this obe-
dient Person? Now comes the Question, and tin
19
274 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
the Matter in Hand: You may see with a clear Sight
that there is Envy, Revenge and Malice brought into
this (5) Town of Newark, and when these Guests
comes, the Devil comes too, and when these comes
into Being 'tis a hard matter to drive them out, and
when these Evilers remains, there is no Duty, no
Praise to our Creator. And it thence is Duty upon
Duty heaping up vast number of Duties, but
little or not all dutifull. For what was he the better
for sitting with Christ at the Passover when his Heart
was on his Money, it was his Sin of Covetousness that
made him sell his Master that innocent Son of God,
and then the best Ease he could get was to Hang him-
self; a woeful Remedy indeed! Which brings me on
to shew you, that Coveteousness was the beginning of
this misrule and mistake that has happened among us.
But first, I hope you will bear a little with me in my
Folly and consider this. It seems to me that many
Men think, if he can perform some formal Service,
after he has committed some great Crime, that God is
at Peace with them without Heart breaking, Faith or
the Spirit, draw (6) a Skin over their Hearts, and then
there is Peace for a Time, others, whose whole Life
was spent in Oppression, and every Penny worse got
than other, if about the Time of their Death they per-
swade their own Conscience by saying or framing a
Prayer, they have Peace without any Satisfaction or
Retribution according (o the Law of Repentance.
What they have wickedly got, they leave to their
Heirs, who are made happy by their Fathers going to
the Devil as the Proverb Saith. They never loosed
their Bonds of Wickedness, and now Chained in the
Bonds of Black Darkness for ever. What Numbers of
Ruffians there is in the World, Contemners and Pro-
phaners of the Lords Ordinances, Scorners of Religion,
out facers of Godliness, whom the Lord hath shut
Heaven against, go on in a graceless venturous Pre-
1746] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 275
sumption, by this guile of the Heart (coveteousness)
kept from seeking Peace'with God in Season, though
the Lord says; Hell was made for them, they say, I
shall Escape Hell? Whether of (7) these Words shall
stand; they think nothing more easie than Repent-
ance. This Sin if I do it, is not unpardonable, I shall
repent and find forgiveness hereafter, God calls at all
ours: So he neglected all Council; Those exhor-
tations come not near him. Seek the Lord while he
may be found to Day if ye go will hear his Voice,
&c. I gave her a time to repent, but she repented not.
The Lord would have Purged them, but they would not
be Purged; till his Severity suddenly cut them off as
unprofitable Servants. Would a Man be so careless of
his Body, as to suffer a Disease to prevail by Weeks
and Months together; because, so long as there is Life
he may seek help and recover? No, he will presently
seek help and recover, be he never so Young but for
the Soul, Men put off from Age to Age, and because
they can repent hereafter, they will do that whereof,
they may repent: And whereof indeed they shall
repent, though too late. After Sin, the guile of the
Soul is not Sleeping, though the Conscience often (8)
be; for whereas after Bodily harms Men are for the
most part Wiser, here they are more Foolish, unless
the Deceit be more timely discovered; the Truth is, if
every Sin might be seen in it's own Colour, it would
be as Black as a Devil. But that Sin might go down
the Cleanlier and stay in the Bowels, the Heart is not
backward to join with Satan in the Varnishing and
Colouring of it. Hence it is that Cut-Throat Cove-
teousness goes masked under the Habit of good Hus-
bandry: and all other Black Vices are grown near of
Kin to the most beautiful Virtues. The wicked hark!
can defend it: All Eves brood suckt this from her;
When God came to her, the Serpent gave her to Eat,
when he comes to Adam, his Wife gave him to Eat, it
276 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
seemed but reasonable when he comes to Cain, who
made him his Brother's Keeper? Come to the Cove-
teous Man, he hath Scripture for himself, he that pro-
vides not for his Family is worse than an Infidel, come
to the Drunkard? why, was not Noah (9) Drunk and
many good Men besides; come to the Swearer, he is
safe, so long as he Swears nothing but the Truth, and
by that which is good, be it Bread, or Fire, or Salt, for
his false Heart, tell him God is Merciful? come to an
Atheist, that never kept the Sabbath in all his Life;
so that with him there is but little difference between
it and another Day of the Six; why? Was not the Sab-
bath made for Man and not Man for the Sabbath, he
can serve God on his Horse -back jnone but he and his
Horse together: Another tells us, how the best Sinneth
seven times a Day. This is Sin grown Witty and
Strong within the Wall of a false Heart and fears no
Colour nor Forces. Again, when a Man is a vile and
a wicked Person in God's Eyes, this guile of the Heart
makes him think himself highly in Favour with God,
Job. -8 The Jews bragged they were the Sons of
Abraham, when Christ told them they were of their
Father the Devil. The Pharasee could say, Lord, I
am not as this Publican, when he was a (10) Limb of
the Devil. And this guile is fed by sundry delusions:
As First, by a conceit of Righteousness; while Men
Measure themselves with themselves, or with some
great Sinners, as they suppose; so did the Pharasee;
Or by the crooked Rule of civil Righteousness, the
common Speech is now, I am No Swearer. No Thief.
No Drunkard. No, I would not for all the World be
so bad as some of those Professors, so Coveteous,
Contentious, such a Dissembler: So for outward
Righteousness, as the Pharasee looked at the Law, he
paid Tiths of all, and dealt justly these pay Tiths, and
does truly give every Man his own, keep their Words,
are good the Poor, keep good Hospitality. But all
1746] ADMINISTRATION OF OOVERNOR LKWIS MORRIH. 27?
this while are Alive (as^Paul saith) without the Law,
not considering what Righteousness God there requires,
and not seeing the Corruptions of their Hearts, neglect
inward Lusts, rising up against God and his Laws.
When only is it, that Poor Men, who live in the Breach
of all Gods Laws, despise (11) the Word, neglect
Prayer, Prophane the Sabbath, Swear without Sense
or Touch, and serve their Lusts, yet can carry all with
this Conceit, they mean no harm ; whereas if God ever
open'd their Eyes to see their Faces in a true Glass,
they shah1 see how Sin decieved them, and shall pro-
nounce the Sentence of Death against themselves, and
the Flower of Righteousness.
(The Heart) it will make a Man outwardly seem a
true Worshipper of God, it will bring the Body, and
frame it to Reverence, when there is none within; it
will make the Lips draw near, when the Heart is far
removed; it makes Congregations and People sit before
God, when their Hearts after their Covetousness.
Idols in Churches are put down, but Idols in Mens
Heart are set up: And this is the Reason why the
Word and Prayer are so sorrowless; we have Mens
Bodies now and then say's the Preacher, but seldom or
never their (Hearts. Yet we can shew the Shell of any
Duty, but never (12) cares for the Kernell Inwardly
it can Counterfeit the most Excellent Graces; as First,
Faith, when it hath never a Jot; it will presume of
God's Mercy and think this Presumption Faith. What
Man saith not, he believes that he shall be saved? But
all Men have not Faith, saith the Apostle: Therefore
it is a Shadow without Substance. Oh! Dreadful Sirs,
to be in this World without Faith, Is dreadful indeed.
Now comes another Cause to consider, which is
Love, our Lord and Master Jesus Christ gave us a
precept in Mat. xxii. 39. that we should love our
Neighbours as our Selves, and by this Precept shall
Men find whether they are Christ's Disciple «>i not. as
278 ADMItflSTRATIOK OF GOVERKOR LEWIS MORRIS, [1746
it is to be seen in Job. xiii. 35. By this shall all Men
know that ye are my Disciples if ye love one another
saith our blessed Saviour. - - Again, Love, where is
nothing but Devilish Malice.
Neighbours are fallen out, and are at Deadly hatred,
at the Time of the Sacrement, both of them dissemble
Love & (13) Charity: But after it, they are as Mali-
cious and Mischievous as ever they were before.
Now Men and Brethren I hope you will not take it
amiss of me by sending this Letter among you, what-
soever I say to you, I say also to mine own Soul; and
so I shall come a little closer to the Matter in Hand by
taking hold of some Steps by the Way the wise Man
even Solomon hath put down several Precepts for we
Christians to learn the Method of Christianity, and so
I shall Produce some of them to your View, Prov. xiv.
31. He that oppresseth the Poor, reproacheth his
Maker: But he that Hcmoureth him, hath Mercy on
the Poor. xv. 1. A soft Answer turneth away Wrath,
but grieveous Words stir up Anger, 10. Correction is
grieveous unto him, that forsaketh the Way: And he
that hateth reproof, shall die, 11. Hell and Destruction
are before the Lord: How much more then, the Hearts
of the children of Men, xxi. 2. Every way of a Man is
right in his own Eyes: But the Lord pondereth the
(14) Hearts, 3. To do Justice and Judgment is more
acceptable to the Lord than Sacrifice, 13. Who so
stoppeth his Ears at the Cry of the Poor, he also shall
cry himself but shall not be heard, chap, xxviii. 1. The
Wicked flee when no Man pursueth, but the Righteous
are bold as a Lion, vers. 3. A poor Man that oppresseth
the poor, is like a sweeping rain, which leaveth no
Food, vers. 4. They that forsake the Law, praise the
Wicked; but such as keep the Law contend with them,
vers. 22. He that hasteth to be rich, hath ^an evil Eye,
and considereth not that Poverty shall come upon
him, chap, xxix, 2. When the Righteous are in
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS.
Authority, the People rejoice; but whe»n the Wicked
beareth Rule, the People mourn, vers. 4. The King
by Judgment established the Land; but he that
receiveth Gifts overthroweth it, vers. 7. The Right-
eous considereth the Cause of the Poor, but the
Wicked regardeth not to know it, vers. 14. The King
that faithfully judgeth the Poor, his Throne shall be
established forever, chap, xxvii, 3, 4, 5, H. A Stone
is heavy, and (15) the Sand is weighty; but a Fools
Wrath is heavier than them both. Wrath is cruel &
outragious; but who is able to stand before Envy.
Open Rebuke is better than secret Love. Faithful are
the Wounds of a Friend; but the Kisses of an Enemy
are deceitful.
Well then, I hope you will consider of this, and take
your Hearts into Talk, by examining your selves
before it is too late; for there is no working in the
Grave, where we are hastning Night and Day. The
Word is, now is the Day of Salvation.
Well then by your Leave I shall examine this Mat-
ter by all things in a clear Sight, according to my
Ability; you are sensible there is Strife and Conten-
tion, Revenge, Envy and Malice among you, and how
this came into Town after such a Rate, I am now to
declare; you are told that Covetousness is the Root of
Evil; It was covetousness made Eve the Mother of all
living, to covet that forbidden Fruit. It was Cove-
tousness (1»») made Ahab to desire Naboth's Vineyard.
It was Covetousness arid Hypocrysy made Ananias and
Saphira his Wife to keep back Part of the Money, and
was struck down dead, to be an Example for them
that would follow after. And so all along the Old
Testament, and likewise the New.
It is "very plain, That Coveteousness is the Root and
Fountain of all Sin, and likewise the Root of all
Misery. Of all Sins which the Ministry have taxed
for the common People there is none so noted and
280 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [l746
exclaimed against as their Hardness, Worldliness,
gathering of Goods and Wealths together, and the Sin
is so much observed above all others, as that an honest
counted Man can scarce be free from this Imputation,
by Reason that it goes under a Mask, undiscovered to
Many. And I think it is a plain Cause to all Men,
that it was Coveteousness brought in these Proprie-
tors, as you call them, into the Plantations of these
poor People. If there was not (17) some desirable
Entertainment for the Flesh you would never seek
those Improvements. Let Conscience speak, and I
dare say it will accuse; but if you stifle the Voice of
Conscience now, it will perhaps accuse some other
Time. I think it is plain enough before you, that you
was the Beginning of these Offences; you cannot
properly say that you have obeyed that great Com-
mandment of our Saviour, that is by loving thy
Brother as thy self, or else me thinks you could not
have that Heart, to put one of thy fellow Creatures
into Prison, for cutting Wood on his own Land, for
that shows plain that there was no Love at all.
But further, you pretend that the Land belongs unto
you by Right and Title of Proprietorship.
But I answer, that Right was never made publickly
known in sight to common People unto this Day; you
are very sensible, that there are many such that Pre-
tendes to sell Land about the Country, especially in this
Government, (18) under Pretence of Proprietors, and
likewise Sold Land to poor People without giving any
Title, but Quit Claim, as they call it, and so made
some ignorant People believe that it was sufficient;
and after a little Time, another comes to demand Pay
for the I'.and, or else to Prison he must go. Then the
poor Farmer, knowing not what to do in this Cause,
agrees with the pretended Proprietor for some certain
Sum of Money, by giving him Time to pay it; and I
think it can be sufficiently proved, That Land has been
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 281
bought three Times by such Pretenders, and perhaps
not come to the Right Owner unto this Day; And my
Reason is this, if have Right and Title to this Land as
you pretend, why do you, not, warrant and defend
when you give a Deed for the same; I never knew
that any of those Pretenders ever did.' Some indeed
will warrant to defend the Land to keep in Safety for
Ten Years or there about and then if another comes
and demands the Land afterward, what (19) care he,
he has got his Money, and away he goes to sell more
if he can, or else gives out some threatning Words if
they refuse to obey him; and that has been the Prac-
tice in this Country, ever since I have been acquainted
in this Land.
But further, you have objected the Title of those
People that bought of these Nations, which we call
Heathens, the native of this Country, you are sensible,
that these Nations were never conquer'd by the Sword,
for they are peaceable Nations. And likewise, the
Crown of England Pay's considerable Bounty for their
Peace amongst us. But if you go on after this Rate,
you break the Peace with these Nations, by taking
away the Land, that they have Sold peaceable to the
Settlers of this Country, which I think is contrary to
all Reason of Human Kind: And again, methinks
that such Practice as this is now, is more Rebellion
against the Authority, than taking a Man out of
Prison, that was put in for cutting Wood on his own
Land; now, let the God of Reason (2O) argue the
Cause, and your Conscience awakened, and you nnM
Confess that you was in Fault: Note this your actings
and manner is contrary to the Gospel, and likewise
contrary to the Rule of the King of Great-Britain:
1 Mr. Alexander, in the title page of the original ropy, wrote: " Page* 17. 1H &
19 Sum all thatR any way to the purpose, one of these [pamphlet*] could not be
got to send to Mr Penn in June last possibly It may Entertain him a little to See It. "
-ED.
282 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
God Bless him on his Throne, and preserve him in
Health and Strength, to vanquish and overcome all his
Enemies. Amen. Again, if you consider rightly you
must Acknowledge that Cpveteousness was the begin-
ning of this unhappy Misfortune, by bringing in Con-
tention and Strife, Divisions and what not Threaten-
ings, Words, and such like Things which is contrary
to the Eule of the Gospel and Nature of God.
But further to consider, what a dreadful thing it is,
to hear the Cry and Curse of the Poor, that must
be dreadful indeed; to have the Poor Rob'd of their
Habitations is cruel, you have hear'd it said, that
ther's no Power but of God: The Powers that be, are
ordained of God.
Well then, to consider this Tumult, whether it be of
God or wholly of Men, (21) I shall be very Briefly in
this Matter: For no Man knows the secret will of God,
nevertheless we are Commanded to seek his revealed
will, and so I shall do mine endeavour to find out:
First, you have seen the People flocking together to
defend themselves and their Habitations, which they
have had in Possessions these many Years: You seen
the People most wilh'ngly joined together to defend
their Plantations with the utmost Vigour: Then you
knew not what to do in this Cause; your great expec-
tation like to come to poor Accompt or to none Effect,
your great Treasures that you made so much Reakon-
ing is like to come to Nothing, then you considered
one thing and then another, you began to make Par-
ties, and that was not sufficient, and then you went to
some Ministers and told them your Grief, and desired
them to Preach a Sermon for your Defence, to see, if
that could avail with those People, but that would not
do neither, for that brought a greater Strife and Con-
tention still. For (22) the People was in displeasure
with those Ministers for Preaching such Lectures, and
indeed I cannot Blame them for it. If the Word of
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 283
God is to he Preached, it^ is to he done in a more civil
manner then so, if Ministers makes Parties he huilds
with one and pull's down with another; which makes
me think that such Preaching is not agreeable to God's
will: As it is to be observed in the manner and actings,
when a Minister had done Preaching before they
parted the House where they were Sitting, there was
Division and Striving amongst them who should have
the Land: And methinks that such preaching was
nothing else but a Mocking of God's Word, which is
very plain if rightly considered, for who can think,
that great Jehovah, will hear such Prayers and
Preachings when there is Strife and Contention, and 1
am Sorry that I must tell those Ministers that the
Spirit of Blindness was upon them, or else methinks
that they mighc percieve the Nature of things better.
(23) But further to consider, after you saw that
Preaching will not do, and will avail no good on your
Side, then you Threaten the Law again by telling
some, and giving out report of Threatening Words
that you will prosecute the Law upon them; by rising
such Report that they have broke the King's Laws,
thinking to fright'n the poor People out of their Habi-
tations, by rising such an uproar amongst the Country
in a sad confused Manner; which makes me believe
that this Power is of God, that is, by defending these
poor Inhabitants of the Country, as you may plainly
see; for such manner of actings is contrary to the
Word: You remember that I have said before in
'Proverbs, He that hasteth to be Rich, hath an eril
Eye, and cousidereth not that Poverty shall come upon
him; which methinks that you cannot help, but reflect
on yourselves; but nevertheless here is another thing
and matter to consider: You pretend to be the right
Owner unto this Land by Right of Piraprjatonkipi and
(24) these People pretend right Owners by Purchase
of the Natives of these Lands, and you pretend to
284 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
recover these Lands by the Law as you say, and these
People pretend to keep and defend their Lands, untill
they know who is in the right, Propriators or the
Purchasers, for our Country Law cannot decide these
matters for such matters belong to the Crown of Eng-
land, and I doubt not, but it will be gladly accepted
there for decidings of such Matters, for I do think that
our Gracious King God bless him, will do Justice
amongst his Subjects, by giving every one his Eight
and Title; neither do I think that he will take away
from these poor Inhabitants one Foot of Land, that
they bought of the Natives; and I doubt not but he
will Vindicate them in their Proceedings, for it does
look reasonable that they are the right Owners, by
Reason of their Fore-fathers went in Hazard of their
Lives among them, if they had not bought these
Lands, they could not have any Peace among them.
(25) And now let us consider another Matter, sup-
pose these Natives was to live on these Lands that you
pretend claim unto, would you drive that Heathen
Man away from his Land that he makes use of it, No,
you would not, neither dare you do it, for then you
break the Peace with them, and also break and forfeit
the Peace amongst the Inhabitants in this Country by
driving People out of their Houses; but now the Cause
is altered, you are not like to prevail so no longer,
untill the Inhabitants of this Country is better pro-
vided from the King of Great -Britain and the Pears of
the Eealm. Which methinks will come to pass in
little Time if you can agree like Brethren as you oughif
to do, by sending in your Petitions by Consent, and
not go on this Way no farther, but join together Hand
in Hand to find out the Truth of this Matter by send-
ing Home your Petitions, to wise Men, which will
settle you all to your Content, if ye be not Carnal Men,
by walking in and after the Flesh, I. Cor. 3. 1. — 3.
This will (26) appear in (Alas) but too many Particu-
1T4I»J ADMINISTRATION' OF GOVERNOR LEWIS MORRIS. 285
lars, as you may see this Day amongst you; and also
among the Corrinthians. AB, they were Carnal in
this there was among them, Envy, Strife, and Division
or Faction, vers 3. And because of this which was
undeniable, the Apostle appeals to them and makes
them Judges, whether they were not Carnal and
walked as Men, in the Flesh, or according to Men and
not according to God, as it may be expressed: Are ye
not Carnal ( Ye cannot deny it, 'tis undeniable, you
cannot deny that ye are envious it Witnesseth (and is
not only Witnessed by others) to your Faces, and
therefore you cannot deny but you are Carnal, for
such things are the Works of the Flesh, Gal v. 19. —
21. And it comes from below, not only from Earth
and Men, but from Hell and the Devil (who worketh
these things in the Children of Disobedience, and in
you who are here in Disobedient Children (if ye have
bitter Envying and Strife in your Hearts, Glory not,
and Lie not against the Truth, for this Wisdom
(27) descendeth not from above, but is Sensual, Earthly
and Devilish. Jam. iii. 14. 15. Tis such as a Spirit-
ually and Heavenly Wise Man would be asham'd of.
Whoever then be found as these are will be counted
no other but Carnal, and walk as Men, wherever they
are to be found, a Christian should excell the best of
Men in all Morality and Ingenuity, but to be like the
worst of Men envious ones, the Devils Pictures is very
Carnal indeed.
But again, it seems to me that this Carnality reigns
among Men so much, is, wanting of Religion to be
grounded in the Heart, there is abundance of Chatting
and Talking about Religion in the Country, as they
can't help from making Parties, by saying, who is on
our side some Men are, like as the Corrinthians, did it
seems much confine, not only themselves, but God
too, to such a Man-ministry : They look f or no 1 IK i
(some of them) unless Paul did Preach, nor others
286 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
unless Apollo did Preach; as if their Faith and the
Blessing had come from the Man; Poor (28) Men that
will let none feed them but such a Nurse, or such a
Servant, as if the Milk would do them most good when
this or that Person puts it into their Mouths. How
many of these are unto this Day, that care not to hear
unless such a Man Preach, they are more taken with
Man then God, and Man's Word then God too too
often; when we must know that if any Work be
wrought 'tis the Lords doing, and he alone should be
wonderful in our Eyes: Whoever brings a Mercy 'tis
God sends and blesseth it, and the Glory should be his,'
and so I shall Wave this for the present, and turn back
and consider what has been discoursed: You are sensi-
ble that there is great confusion in the Country about
Lands of these Kind, which mnst needs be great
uneasiness to the People; and I hope you will consider
and take another Method than Quarelling about the
World; such doings will not bring you into Heaven;
but will certainly bring you into another Place, if
repentance doth not come and (29) pay you a Visit;
and also I hope that you will consider that you will
take the Word for your Rule and Practice; for you are
sensible that there is no Sin like that which is called a
wilfull Sin, that is, he is not willing to part with it, he
cannot have the thought of leaving that one Sin, and
that must needs be Damnable.
Whoever is so, that is not willing to deny Ungodli-
ness and worldly Lust, is Poor indeed. And methinks
the Reason is this; that it is want of Religion; for
Religion is very necessary, for there is no State on
Earth so satisfying as should take a Man off from
looking and hastning to the coming of Christ, that we
may be always with him and altogether like him,
Phil. i. 23. I. Job. iii. 2. 2. Pet. iii. 11. - 13. The
good and bad Things and conditions in this World call
upon us to long to be above in Heaven: For if it be
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 28?
bad to be here, 'tis good to be there; if it be good to be
here, 'tis totter to be there; to be sure: fhough we
have enough sometimes to say, 'tis good to be here,
yet we have never enough to say, 'tis l>est to be here.
(30) We should all take heed and beware that we do
not place our Growth and advance, only in Knowledge
(head & book Learning) nor only in Gifts and Parts,
nor only in common Graces: No, nor in going from
one Opinion to another, or one form of , Church Gov-
ernment to another, from one Profession to another;
this I fear hath been a great Mistake, as if were
agoing on to, when (Alas! if this be all! 'tis a going to
be tossed to and fro, with every Wind of Doctrine:
Alas! what is it to be Episcopal, Presbyterians, Con-
gregationals, &c. Our Religion lies not, much less our
Perfection, in these or any other Opinions, and Form
of Government. I doubt not but there are Saints in
all these Forms, yet withal I believe and affirm that
none of these Forms makes them Saints.
We should be as careful to mind and discharge the
Duties as to enjoy the Priviledges and Dignities of our
State, for Sin of Omission is no less damning than
Sin of Commission; and mind not only (31) to be in
Christ, but to walk in him, and as he walked. Study
Commands as well as Promises, and look after Light
that we may walk in the Light (as Children of the
Light) we have Fellowship one with another, i. e. God
and we have.
Thus as God glorifies us. we glorify him, for which
we should have Ambition, yea, and to let our Light
shine before Men, that they also may glorify our Father
which is in Heaven, Matth. v. 13. - - 16. Let us live
in Love, and Truth and Love.
For Oh how good and pleasant a thing it is for
Brethren to dwell together in Unity; let us not be like
Ephraim & Judah to Envy and Vex one another; but
love one another with pure love Fervently: Oh how
288 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
pleasant a Thing it is to see those People, that bears
rule of Go^rning in the State of Common Wealth, to
do Justice, to love Mercy, and maintain the Truth,
and all to be done, to the Honour and Glory of our
Father and Jesus Christ, to correct Vices, to promote
Virtues, Oh! what happy thing that (32) would be to
the State of Mankind, Oh! how pleasant would our
Lord and Master Jesus Christ look upon these People
at the Day of Judgment; when that blessed Son of
God coming in the Clouds who hath the Person of a
Man, but the Power of God, being Crowned with Dig-
nities and Guarded with Angels and Inraged with
Anger to all those that Disobeyed his Laws: But on
the other Side, how pleasant will his Countenance be
to those that have Obeyed his Laws in this World to
their utmost of their Capacity, and I beg of you to
meditate on Judgment, and likewise I beg for the
Lord's Sake to Pray for me and mine that we may
walk in the way that is pleasing in his Sight.
To which End, let us grow in Grace, and in the
Knowledge of our Lord and Saviour Jesus Christ, that
to him, and to the Father by him there may be thanks
and Glory given, both now and forever, Amen.
Which is the desire of your Friend & Servant to
Command in Jesus Christ.
GRIFFIN JENKINS.'
(33) Ejaculation I.
Lord, we again lift up our Eyes,
And leave our sluggish Beds,
But why we wake, or why we rise,
Comes seldom in our Heads,
Is it to sweat and toil for Wealth,
1 GRIFFIN JENKINS.— Nothing is known of this individual, but from the manner
his letter is referred to, at different times, in the Proprietor's publications, it is
evident that its purport excited some apprehension in their minds.— ED.
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS.
To sport our Time away,
That thou preserv'st us in Health,
And giv'st us this new Day?
No, no, unskilful Soul, not so,
Be not deceived with Toys;
Thy Lord's Commands more nice do,
And aim at higher Joys.
They bid us wake to seek new Grace,
And some fresh Virtue gain;
They call us up to mend our Pace,
Till we the Prize attain.
That glorious Prize for which all run.
Who wisely spend their Breath;
Who, when this weary Life is done.
Are sure of Rest in Death.
Not such a Rest as here we prove,
Disturb'd with Cares and Fears,
But endless Joy, and Peace, and Love,
Unmix'd with Grief and Tears.
(34) Ejaculation II.
Why do we seek Felicity
Where 'tis not to be found?
And not, dear Lori look up to thee
Where all delights abound?
Why do we seek our Treasure here
On this false barren Sand,
Where nought but empty Shells appear,
And Marks of Shipwreck stand?
0 world, how little do thy Joys
Concern a Soul that knows
It self not made for such low Toys
As thy poor Hand bestows?
How cross art thou to that Design
For which we had our Breath?
We who were made in Heav'n to shine,
20
ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
Thou bowest down to Earth.
Nay, to thy Hell, for thither sink
All that to thee submit;
Thou strow'st some Flowers 011 the Brink
To drown us in the Pit.
World, take away thy Tinsel Wares
That dazel here our Eyes;
Let us ascend above the Stars,
Where all our Treasures Ives.
35) Ejaculation III.
Let others take their Course,
And sing what Name they please;
Let Wealth or Beauty be their Themes,
Such empty Sounds as these.
For me I'll ne'er admire
A Lump of burnish'd Clay.
Howe'er it shines it is but Dust,
And shall to Dust decay.
Sweet Jesus is his Name
My Song shall still adore,
Sweet Jesus is the charming Word
That Does my Life restore.
When I am dead in Grief,
Or, which is worse, in Sin,
I call on Jesus, and he hears,
And I to live begin.
Down then, down both my knees,
Most humbly to the Ground,
While with mine Eyes and Voice lift up
Aloud these Lines I sound.
Live gracious King of Heaven,
By all in Heaven ador'd;
Live gracious Saviour of the World,
Our chief and only Lord.
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 291
(36) Ejaculation IV.
My God, had I my Breath from thee,
This Pow'r to speak and sing,
And shall my Voice, and shall my Song,
Praise any but their King?
My God, had I my Soul from thee,
This Power to judge and chuse.
And shall my Brain, and shall my Will,
Their best to thee refuse:
Alas! not this alone, nor that,
Hast thou bestow 'd on me,
But all I have, and all I hope,
I have and hope from thee.
And more I have, and more I hope,
Than I can speak or think,
The Blessings still refresh, then fill,
Then overflow the Brink.
But tho' my Voice and Fancy be
Too low to reach thy Praise,
Yet both extol thy glorious Name
As high as they can raise.
Ejaculation V.
Open thine Eyes, my Soul, and see
Once more the Light returns to thee;
(37) Look round about, and chusc the Way
Thou mean'st to travel o'er this Day.
Think on the Dangers thou may'st meet,
And always watch thy sliding Feet;
Think where thou once hast fall'n before,
And mark the Place, and fall no more.
Think on the Helps thy God bestows,
And strive to steer thy Life by those;
Think on the Sweets thy Soul did feel
When thou didst well, and do so still.
2 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
Think on the pains that shall torment
These stubborn Men that ne'er repent;
Think on the Joys that wait above
To crown the Head of holy Love.
Think what at last will be thy Part
If thou goest on where now thon art;
See Life and Death set .thee to chuse,
One thou must take, and one refuse.
0 gracious Lord, guide thou my Course,
And draw me on with thy sweet Force,
• Still make me walk, still make me tend,
By thee my Way, to thee my End.
FINIS.
[New York, Printed by J. Zenger, Jun., 1745-6.]
Communication of the Rioters about the Riot in
Newark.
[From New York Post-Boy, February 17th. 1745-6.)
Mr. Parker,
Divers Persons having seen in your Post-Boy of Jan-
uary 20th, an Account of an extraordinary Kiot at
Newark, &c. touching three Persons committed to
Jail, whereof one was Nehemiah Baldwin, who it is
said, offered to give Bail; pursuant unto which the
Sheriff was about carrying Jiim to the Judge, &c.
This Matter is not put in a true Light; The said Bald-
win, as well as the other two, had Offer made by the
Sheriff, if they would give Bail, they might all be dis-
charged; to which they all refused. And as is further
said, a great Number of People appearing with Cud-
gels from the back Settlements, &c. Take the reply,
in the following Narative, containing and setting
forth the Reasons why People were so exasperated.
Whereas sundry of the Proprietors, so called, had in
174f>] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 293
the late Years of 43, and ,44, sent about and surveyed
almost all the unimproved Lands in the Country of
Essex, with a great Number of Improvements and set-
tled Plantations, particularly above the Mountain to
Passaick River, including Mr. Van Gesin's Purchase,
so called, and all Horseneck Purchase, with the Im-
provements and Settlements, to the Number of three
or four Score Plantations and Families, &c. who in the
general, having bought their Lands of or from the
native Owners and Proprietors of the same, and pos-
sessed it, many of them some Scores of Years, tho't
their Properties secure from any Invasion; when said
Proprietors, so called, selling some of the Lands sur-
veyed as aforesaid, and offering the rest to Sale; and
withal serving several Ejectments on the Long pos
sessed as aforesaid, threatening to dispossess one and
all, who would not yield their Right and comply with
their unreasonable Demands; and moreover to make
all Persons in said County and Country, who had Pat-
ents, &c. pay to them Quit-Rents, to the Value of 30
or 4o,ooo Pounds, &c. These things so animated the
People to stand by and for their Rights, Privileges and
Properties, that in order to secure and defend them in
a due regular Manner, they, in February, 1 744, chose
a Committee to act for them, in such Negotiations as
might be thought proper, to transmit their Affairs and
Circumstances home to England, and lay them before
His Majesty King George in Council, &c. Upon this
Motion or Design manifested, said Proprietors redupli-
cate their Processes by Ejectments, &c. The Com-
mittee aforesaid. March -27th, sent several of their
Number to wait on Mr. O[gde]n (a Person con-
cerned in the Affaire relating to Horseneck, <fr.) who
offered, if they would pleased to take any one or two
particular Cases relating to said purchase (or any other
they had by Delegation Concern in & for) they would
join Issue with them in the Law for a Trial; in con-
294 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
sideration they might have Liberty of appeal home to
England, if Occasion offered, &c. and the like Propo-
sal or Offer was made again by Messrs J\oli]n L\o\w,
Esq: and J[oli)n C[ondz]t, in the Name of the Com-
mittee, to Messrs. A[lexande]r, M[orri]s, and 0[gde]n
Esqrs. at Perth Amboy, when sent thither to treat with
them on that Affair; But, in short, all their Proposals
were rejected, and they return, with this Declaration,
viz. That they would not stop their Processes for two,
three, nor yet ten Cases of Actions, if they were
answered in the Law, &c. Afterward came a Pro-
posal or Offer, from Mr. 0[gde]n to said Committee,
viz. of making or giving them Allowance of Eighteen
Months for effecting the Business on foot, relating to
the Purchases; in Consideration said Committee would
become obligated to deliver up all the purchased Lands
and Possessions they laid Claim unto, into their Hands
at the Expiration of said Term of 18 Months, if their
Purchases or Grants were not then established. To
which, Reply was made, that in Case they complied
with said Proposals, &c. would they be obliged to
make a Redelivery of the Premises, if after said Term
limitted, the purchased Rights should be established or
confirmed at home? to which Mr. 0[gde]n answered
negatively. Soon after which they began again the
Invasion of Men's Rights, Properties and Possessions:
For one Samuel Baldwin having been for many Years
possessed of Land lying within Van Gesin's Grant, or
Purchase aforesaid (which the Proprietors had surveyed
as above) and (as he was wont) cutting some Logs
thereon for his Saw-mill, &c. they arrested him to the
Supream Court, put him in Jail, and made 30. or 40
Writs more, (as it was said) to serve on Men, for such
like Trespasses, as they call 'em. This Baldwin being
one of the Committee aforesaid, the rest of that Num-
ber determined to bail him, and stand Trial, &c. But
the People in general supposing the Design of the Pro-
1746] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 295
prietors was to ruin them (which they well knew,
should they prosecute and succeed according to thfii
Threats, &c. would he the Consequence) and by Mul-
tiplicity of Law-Suits and Expence, thereby to impov-
erish and weaken them, that they should not be able
to prosecute their Design (of sending home) to Effect;
and withal, supposing they could not live under such
Oppressions, which, (as it is said) makes wise Men mad;
they went to the Prison, opened the Door, took out
Baldwin, and returned peaceably, ordering the Breach
made to be well mended; which was done accordingly.
Note, The Ground of the above Supposition, (besides
what has been offered) was this; a certain Gentleman
of the adverse Party, discoursing concerning a certain
Bill to be exhibited in Chancery, relating to their
Affairs with Elizabeth Town; declared, if they could
once make their Matters bear, to bring in said Bill; it
would put a Stop to Elizabeth Town's Proceeding, by
Reason the Expence would be so great, they could
never take it out, &c. Thus you have a brief Hint of
the Grounds or Causes why People have been so exas
perated: We will only add in a Word what some of us
has met with, set forth as a Reason for their sending
home, viz. That the Invasion of our just Rights, Prop-
erties and Possessions, in and by the Oppressions and
Frauds of the Proprietors, so called, is the only Spring
of our Motion in the Matter of Complaint offered: it
being notoriously known, how they impose upon, or
rather deceive and beguile innocent, weak and ignorant
Men, many and diverse Ways; and that when or after
they, or some of them, have sold Lands to Persons
under Colour of Right, &c. others under the like Pre-
tence of . Proprietie, have again, or after wanls, sold the
same Lands; whereby the Purchasers are not onlv
frauded, but even the whole Country is in Confusion.
But to pass this; Tis said further, That said Nehemiah
Baldwin was rescued from the Sheriff, contrary to his
296 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
own desire which is absolutely false, by his own Word,
&c. And as is further said, The Sherif retreated to the
Jail where he raised 30 Men of the Militia, with their
Officers, in order to guard it: We conceive this was done
before, viz. at their Commitment. And as 'tis said, the
Mob, as 'tis called, increased to 300, &c. it is supposed
they were strong, besides as great, or a greater Num-
ber, who were coming the Night following, and the
next Day, in order to join them. Again, They marched
up to the Prison, and took out the other two, &c. But
touching what is inserted concerning Prisoners for
Debt, &c. the Truth is one William Grant, Stone
Cutter, being put or thrust in, a few Minutes before
the Mob, as they are called, opened the Door, by that
Means made his Escape. Note, The said Grant was
there a Prisoner at large, and then desired they would
shut him up: Moreover, the said Grant had taken the
Oath, according to the Act of Assembly of this Prov-
ince, for Relief of poor distressed Prisoners for a Debt
under 5 1. And finally, what is said of several Persons
being wounded & bruis'd, and especially, of one sup-
posed past Recovery; it is so far from the Truth, that
there is not one Man 'either of the Guard, or of the
Mob, as they please to call them, that is any ways
dangerously wounded; no not so much as to let them
from their Work and Business. A good Providence
surely! May the Lord of Hosts, whose Blessing is on
his People, and who will arise for the Safety and Se-
curity of the oppressed Poor, and crush'd needy Ones,
bring Good out of all this Evil! May his Name have
Praise, and his People Peace, so long as Sun and Moon
shall endure. This is the Hearts Desire and Prayer of
us, who (whatever we may be called by our Adversa-
ries) do assert, we are the dutiful and loyal Subjects of
His Majesty King George, and faithful Friends to our
Country, even Thousands of us,
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 29?
A Publication of the East Jersey Proprietors — relatiny
to the riots.
(From Papers of Ferdinand John Paris in New Jersey Historical Society Library .
Books O and P, and Elizabethtown Bill in Chancery.)
By the Council of Proprietors of the Eastern
Division of New-Jersey, met at Perth-
Amboy, the 25th Day of March, 1746, in
Behalf of themselves and the rest of the
General Proprietors of the Eastern-Division
of New-Jersey, whom they represent.
It is with Concern we see in the publick Papers, that
in September last the Goal of Newark was, in a riot-
ous Manner broke open, and a Person rescued from
thence, who had been committed on a common Writ
of Trespass, upon his refusing to give Bail, or an
Appearance thereto: And that afterwards, upon the
apprehending of some of the Rioters, another Riot was
committed in January last, in which the Goal of New-
ark was again broke open, and the Prisoners therein
rescued: And we have more Reason to he concerned,
as we find by the New- York Weekly Post-Boy, of the
17th of February last, and by a printed Paper, signed
Griffin Jenkins, the General Proprietors are traduced
as the Cause of those Riots, in Expressions unbecom-
ing any Men to use towards those from whom, under
the Crown of England, all the Freeholders of East Jer-
sey do derive their Titles to their Lands, and which,
we are well assured, no Man of Reputation would use,
and at the saim- Time put his Name to what he says:
We have thcivt'oiv thought proper to publish what
follows, in order to obviate the Mischiefs that may
arise from such daring Practices, and that the People
298 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
of this and the neighbouring Provinces, into whose
Hands those Papers may come, as well as those who
are at a greater Distance, may be truly informed of
the Points in dispute, between these poor deluded Peo-
ple and the General Proprietors.
The Post-Boy of the 17th February last insinuates,
That the Persons in whose. Favour these Riots were
made, have a better Title to the Lands in Dispute,
than the General Proprietors, and those claiming
under them; that they have been put to great Expence
by many vexatious Suits; that they are prevented
from bringing their Causes fairly before the King;
that the Conduct of the General Proprietors has been
cruel, harassing and vexatious; and that in the par-
ticular Transaction between the Settlers of the Lands
called Horse-Neck, and the Persons claiming it under
the General Proprietors, the Settlers have made fair
and reasonable Proposals, and the Claimers have
rejected them.
Now if it can be made appear, that these Rioters
have no good Title to the contested Lands; that these
Rioters in particular, have never been put to any or a
trifling Expence by Lawsuits; that the Conduct of the
General Proprietors has been regular, careful and
remarkably candid to every bona fide Purchaser; that
any Persons with whom they have been oblig'd to go
to Law, might, if they pleased, have brought their
Causes by Appeal, before the King in Council; and
that in the Transaction about the Lands called Horse-
Neck, fair and reasonable Proposals were made by the
Claimers to the Settlers, but were rejected : If these
several Things can be made appear, then it must be
left to the Publick to judge how grosly these poor Peo-
ple are abused, by the Fomentors of these publick Dis-
tractions.
It is well known and apparent by the Records of
this Province, that in 1664, before any Englishman
1746J ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 299
ever settled in this Province, King Charles the Second,
by Letters Patents under the Great Seal of England,
granted to his Brother, James Duke of York, a great
Tract of Land in America, in Fee, whereof New-Jersey
is a Part; — That the said Duke of York, by Deeds of
Lease and Release, in the same Year, conveyed the
Tract of Land now called New- Jersey, in Fee, to John
fjord Barclay and Sir George Carteret; and that after
the Dutch War, like Grants were again made of New-
Jersey in the Year 1674; — That the said Sir George
Carteret and the Assigns of Lord Barclay, by Deed,
bearing Date 1st July, 1676, divided New-Jersey
between them, the Eastern Part of which was to
belong to Sir George Carteret; which Deed and Parti-
tion was confirmed by an Act of General Assembly
of New- Jersey, passed in the Year 1719; — That Sir
George Carteret, by his last Will, bearing Date 5th
December, 1678, devised, among other Things, to cer-
tain Trustees therein named, a Power to sell Blast
New -Jersey; and that these Trustees, in Execution of
the Trust reposed, and agreeable to the Powers given
them, did, by Deed dated 2d February, 1681-2, convey
East New-Jersey, in Fee, to William Penn, Robert
West, and others, to the Number of Twelve; and that
each of these Twelve, by particular Deeds, took in a
Partner, who was to be equally concerned with him,
so that East New-Jersey l>ecame vested in Twenty-
four Persons, who have been ever since called the
Twenty-four Proprietors.
That by an Instrument under the Hands and Seals
of almost all the Twenty-four Proprietors, a Council
of Proprietors was established, with Power to appoint,
oversee and displace, all Officers necessary for the
Management of their Property; with Power also to
take Care of all Lands belonging to the General Pro-
prietors, to demise them for Terms of Years, and to
appoint Dividends thereof; with Power also to exam-
300 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
ine the Rights of every particular Proprietor, who
demands his Share of those Dividends, and to grant
Warrants to the Surveyor-General, for appropriating
the Quantity due to such Share; with Power also to
bring Suits against Intruders into and Trespassers
upon the Lands of the General Proprietors, and in
general, to manage all the Affairs which relate to the
said Proprietors; which Council is to consist of at
least, one third Part of the whole General Proprietors,
or their Proxies; and which Council, for many Years
past, actually has consisted of that Number or more,
and they have two general Meetings yearly, at Perth -
Amboy, immediately after the Supreme Courts there.
This is a short Abstract as well of the Title of the
General Proprietors, to the Lands of East Jersey, as
of the Constitution of the present Council of Proprie-
tors, wherein all their Business is done; and from
hence it will appear, that they are no Pretenders, but
have a Right, not only to call themselves Proprietors
of East-Jersey, but to be treated as such.
The Title pretended to, in Opposition to theirs, by
the Rioters and their Abettors, is, That they or their
Ancestors, have possessed Lands, by Purchases from
Indians, stiled by them the Native Oiuners of the
Country; but no such Deeds appear any where on
Record, nor do they tell us who made these Purchases,
nor from whom, nor when: Now, be these Purchases
real or pretended; be they by Conveyances from some
private foreign stroling Indians, or from such as lived
on the Lands, and might have had some Pretensions
to sell them; or be the Purchases made for small or
trifling Sums, or for such Considerations as were then
usually given to the Indians; or whether the Indians
had or had not sold the same Lands by former Con-
veyances to others; be they, in short, what they will,
the Matter with respect to these Purchases by the
original Constitution, Practice and Laws of this
ince stands clearly thus;
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 301
It is well known and apparent by the Records, that
the Proprietors, Lord Barclay and Sir George Carteret,
by Charters of Concessions, established the Constitu-
tion of New-Jersey, and therein prescribed the funda-
mental Rules of that Government, and the Rules and
Methods by which Property in Lands there might be
acquired; amongst which Rules one was, That, 'all
' such Persons who should transport themselves into
* the Province of New- Jersey, within certain Times
* limited by the said Concessions, should be intitled to
* Grants or Patents under the Seal of the Province, for
' certain Quantities of Acres in the said Concessions
' expressed, paying therefore yearly, the Rent of one
' Half -penny, sterling Money, for every Acre so to be
'granted.' [Lib 3, 70. |
Another Rule was, ' That all Lands should be pur-
' chased by the Governor and Council from the Indians,
' from Time to Time, as there should be Occasion, in
' the Name of the Lords Proprietors; and every Person
' settling was to pay his Proportion of that Purchase
' Money and Charges. [Lib 3, 96. )
It's notorious also, and apparent by the Records of
New-Jersey, that the Government of that Province
was, pursuant to the said Concessions, established by
the said Proprietors, and that Governors and Officers
were from Time to Time, by them and their Assigns,
commissionated for that Purpose; who for many
Years administred the Government, pursuant to the
said Concessions, granted many Hundreds if not
Thousands of Patents for Lands to Persons who came
to settle in New-Jersey, upon the Encouragement
given by the said Concessions, rendering and paying
yearly, the Rent of one Half-ix.imiy st«irl. p'-i Acre.
After the Division of New- Jersey into two Provinces,
in 1676, to wit, East New- Jersey and West New -Jer-
sey, made by Sir George Carteret and the Assigns of
Lord Barclay, tho' the fundamental Rule aforesaid.
302 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
concerning Indian Purchases, was generally observed,
yet some few Persons broke thro' it, by taking Deeds
from the Indians in their own Names, and not in the
Name of the Lords Proprietors; which induced the
Governor, Council and Representatives of the People
of East New-Jersey, in General Assembly met (the
better to enforce that Rule, • and to prevent Sedition
likely to ensue from the Breach of it, as well as Men's
Titles being thereby rendered precarious) in the Year
1683, to make an Act, ' forbidding all Treaties with the
' Indians without Licence of the Governor, and the
'taking of any Deed from them, but in the Name of
* the Lords Proprietors of East New- Jersey, upon Pain
'of being prosecuted as seditious Persons, and as
' Breakers of the King's Peace, and the publick Peace
'and Safety of the Province.' As by the Record of
the said Act in Lib. C. pag. 52, Cap. XVIII. more
fully may appear.
It's also notorious and apparent by the Records, that
after the Division aforesaid, Sir George Carteret and
his Assigns, enjoyed the Government of East New-
Jersey, and disposed of and divided the Lands thereof
according to the said Concessions and Agreements
amongst themselves, and the Laws of the Province,
until the Year 1702, when they agreed with the Pro-
prietors of West New-Jersey to surrender, and did
together surrender their Governments to the Crown of
England, reserving all other their Properties, Rights
and Franchises whatsoever; whereupon the two Divi-
sions of New-Jersey, became again united into one
Province, the Government of which, by the said Sur-
render, belonged to the Crown; but the Right to the
Soil, and every Thing else that passed to Lord Barclay
and Sir George Carteret, by their Grafts from the
Duke of York, remained in their Assigns who made
the said Surrender; and by Concessions made by the
Crown at the Time of the Surrender of the Proprietors
1746] ADMINISTRATION OF GOVERN'OR LEWIS MORRIS. 303
Government, a Set of Instructions were agreed on, to
be granted to all Governors who should be appointed
by the Crown for the said Province of New- Jersey ;
and which have hitherto been accordingly granted;
and by which Instructions, amongst other Things, the
Crown disclaims all Right to the Province of New-
Jersey other than the Government, and owns the Soil
and Quit-Rents, &c. to belong to the said General Pro-
prietors; and wherein the Governors are directed not
to permit any other Person or Persons, besides the
said General Proprietors, to purchase any Land what-
soever from the Indians, within the Limits of their
Grant; wherein also the Crown commands those Gov-
ernors, not only to permit the Officers to be appointed
by the General Proprietors, for the Management of
their Properties, to execute their Offices, as the
Receiver-General, Recorder and Surveyor-General,
upon taking the Oaths to the Government, and giving
Security for the due Execution of their Offices, but
also to aid and assist them therein; as by so many of
those particular Instructions, as concern the Affairs of
the General Proprietors, appearing on Record in the
Secretary's Office of New-Jersey, in Lib. F. ± fol. 423,
&c much more fully may appear.
And the several Governors of New-Jersey, under
the Crown, pursuant to the said Instructions, from
time to time, have administred the Oaths to, and
admitted the said Officers to the Execution of their
Offices, and seen Security given for the due Execution
thereof , and notified it to the People by publick Procla-
mations, as by the Minutes of the Governor and Coun-
cil of New Jersey appears.
It's also apparent by the Records and by the Minutes
of the Governor and Council of New-Jersey, that the
Exercise of the' Government of New- Jersey, remained
in the Proprietors until the 14th Day of August, 1703,
when Lord Cornbury published his Commission from
Queen Anne, to be Governor of New-Jersey.
304 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
It's also apparent by the Kecords, and by the first
Leaf of all the Editions hitherto printed of the Acts of
Assembly of the united Province of New- Jersey, that
by the very first Act of Assembly, made after the
Government came to the Crown, published in Novem-
ber, 1703, not only all Indian Purchases, which had
not been made by the Proprietors before that Time,
are declared void if they obtained not Grants for them
from the General Proprietors within Six Months, but
also all who should thereafter make Purchases of the
Indians (except Proprietors, and they too only in the
Manner there prescribed) should forfeit Forty Shillings
per Acre, for every Acre so purchased.
It is also apparent by the Records, and by the printed
Acts of Assembly, passed in the Year 1713, Chap.
XXXIX. that a Penalty of Twenty Shillings, Procla-
mation Money, is laid for cutting of every Tree upon
Land not the' Person's own, and that as well upon
Lands belonging to the Proprietors in general as to
others in particular.
Possibly many of the Eioters being ignorant Men,
and many of them Strangers to the Province, and
since they came to it living retired in and behind the
Mountains of Newark, upon any Land they could find,
without enquiring who the Owner thereof was, have
of late been animated and stirred up to believe, that
those Things which the Laws of the Province have
declared to be criminal and penal, were lawful; and
that those Crimes committed, gave the Criminals
Rights, Privileges and Properties; but though many
have been ignorant enough to be so seduced, we can-
not think that all can with Truth plead that Excuse;
some there are amongst them, who tho' they may not
be acquainted with all the Particulars aforesaid, yet
cannot be supposed never to have seen the printed
Laws of this Province, and the first Leaf of them,
which has had at least three Editions, making those
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 305
Pretences void and penal. The poor, deluded, igno-
rant People, we conceive, deserve Pity and Compas-
sion, but the Laws of the Province point out the
Deserts of the Seducers.
Neither the General Proprietors, nor we their Repre-
sentatives, have to our Knowledge, been guilty of any
Invasion of the just Rights, Properties or Possessions of
any of the Rioters, or of any of the People of New-Jer-
sey, or of imposing upon or beguiling innocent, weak
and ignorant Men, as in the Post-Boy's Paper is averred
to be notoriously known; we have too much Concern in
the Well-being and Prosperity of New Jersey, to let
such a Thought enter into our Hearts, nor have we
been accessary to or ever countenanced any Fraud or
Oppression by any one or more Proprietors.
But as every Proprietor has the Liberty of selling
his Propriety to whom he pleases, and in as many
Parts as he pleases, the Number of the Proprietors,
may be easily supposed, to have greatly augmented;
among which Number, probably there may be some
not quite so honest as they should be, as there's no
Law to hinder a wicked Man from purchasing a Share
of Propriety, or the Descent thereof to wicked Heirs;
but yet we conceive, that there's a greater Tye upon
them to be honest, than upon any other Set of Men in
this Province; because if they are guilty of any Fraud
or Oppression as Proprietors, they are not only pun-
ishable by the King's Laws, as all other Men are, but
also, upon Complaint to the Council of Proprietors
of them, they stop their Warrants for their Dividends,
till they have done Justice in every Thing wherein
they had deviated from it, as Proprietors; of which
sundry Iristances have been; and the Knowledge of
this further Tye upon them beyond any other Set of
Men, maketh even Cheats to avoid Tampering as to
their Rights of Propriety, however wicked they may
l>e in their other Dealings with Mankind,
306 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
It is possible, that by an Oversight in the Searching
of the Records, a Proprietor may very innocently get
appropriated to him, in Part of his Dividends, some
Lands that another Proprietor had appropriated before,
and not knowing of that prior Appropriation, sell it;
and if the Case should be so, undoubtedly the Person
who was first legally vested with the Title in Severalty,
will and ought to recover the Land. All the Regula-
tions that the Council of Proprietors could think of to
prevent such Accidents have been made; they allow of
but two Deputy Surveyors in a County, except in one
large County, and these are to communicate their Sur-
veys to one another for fear of interfering; then the
Surveys are duely examined by the Surveyor-General,
who, if he suspects such an Accident, stops them till
that Point be enquired into and cleared up, and then
the Surveys are recorded, open to the View of every
one, where any Buyer may satisfy himself, first, that
the Seller has it legally appropriated to him; and,
secondly, may see, whether it was legally appropriated
to any Person before: But of such Accidents, we con-
ceive fewer have happened, to our Knowledge, than
could well have been expected; and where they have
happened, Justice has generally been done to the
Buyer, either voluntarily, or by Compulsion, at Law,
and sometimes by our stopping Dividends till Justice
was done; and that has always been done where ever
any one would take that Course to complain to us, or
where we otherwise got Notice of such Things.
We recollect no more than three Cases where People
have been injured by Sales by single Proprietors,
where the Land has after been recovered by others,
and where the Sufferers had not or may not have full
Redress; the Origine of two of those Cases was about
the Year 1709, when an unhappy Gentleman, since
deceased, then a Proprietor, was imposed upon to sign
one Deed for about One Hundred and Seventy Thou-
1746] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 307
sand Acres of Laud, called New-Britain, and another
Deed for about Fifty Thousand Acres of Land at Roma-
pack, without any legal Appropriation thereof to him,
and without any Consideration paid to him, as ever
after during his Life he averred; and that he did not
dream or believe, that a Foot of them was in East
New- Jersey; to prove which, he preserved, and his
Representatives now have, sundry Letters under the
Hand of the principal Grantee in both those Deeds,
which have been given in Evidence in his Presence in
the Supreme Court.
The Grantees of the greatest Tract, sold some
thereof, which being legally appropriated by other
Proprietors, they recovered against the Possessor about
25 Years ago; and as those Grantees were so cunning
as to give only joint Covenants to the Possessor, so
that they could not be proceeded against at Law, for
the Recovery of his Damages, till all were taken; and
as some lived out of the Province, Relief at Law for
that Reason, could not be had; wherefore the Proprie-
tors who recovered, compassionating the Man against
whom they recovered, stayed their Execution, and for
him and his Name filed a Bill in Chanceiy against
those Sellers, to compel them to pay the Costs of the
Suits; and all Monies paid by him in Part of the Con-
sideration Monies, and for his Defence, and to deliver
up his Bonds for the rest of the Consideration Money,
all which they got done for him; and upon the Pro
prietors threatning to file a Bill in Chancery, to set
aside that Deed for the Irregularity and Fraud in
granting and obtaining of it, to prevent People from
being further imposed on by it, they promised to do
Justice to the few others, to whom they had sold, by-
giving up their Bonds: As to the 50,0(>0 Aero Tract.
it lying very remote, the Proprietors, till about ten
Years ago, had no Occasion to go so far in laying out
their Dividends, when they found that on Pretence of
308 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
that Deed, about Twenty People had been imposed
upon to buy; whereon Ejectments were brought
against some of them; and in one of them tried, the
said Letters were given in Evidence, which showed
that the said Deed, under which they claimed, was a
Fraud; nor could they show any Power or Eight that
the Grantor, tho' a Proprietor, had to sell those Lands;
so that notwithstanding that Deed, the Lands still
remained in common belonging to the General Pro-
prietors, whose Title thereto our Council showed, and
demurred to the Defendants Title; whereupon the
Defendants were either obliged to join in Demurrer,
or wave the Evidence demurred to; — they waved their
Evidence;— gave no further Evidence;— and so the
Jury went out without any Evidence whatsoever on
the Part of the Defendants, and yet they brought in a
Verdict for them, to the Admiration of all who heard it.
We being determined not to let 50,000 Acres of
the Property of the General Proprietors be so wrong-
fully taken from them by one or more such Verdicts,
were about to have brought others of the said Eject-
ments to Trial, and to have commenced more; where-
on an Accommodation was proposed, and we agreed
that for Twenty Pound per 100 Acres (which was
scarcely the fourth Part of the Value of the Lands)
those who had bona fide purchased, should be con-
firmed in those Lands, by a legal Appropriation and
Conveyances thereof to them, with absolute War-
rantees. The two Cases before, happened not amongst
the Rioters; so that they cannot complain they have
been hurt by them; but the Scene of tho third Case,
we believe was chiefly amongst themj and the Fact
was, that one Jacob Arents, not a Proprietor, but one
who had purchased a Right to a certain Number of
Acres unsurveyed, in Part of some of the Dividends,
and so he had Right to have that Quantity survey'd
where he would chuse, procured Deputies to survey
1746J ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 309
Lands for him on those Rights, imposed on some igno-
rant People to buy them of him, without bringing
those Surveys to the Surveyor-General to be approved
of and recorded as Part of his Right; so that by this
Means, his Right was to be like the Widow's Cruse,
still selling it and still the Whole remained: Notice of
this Imposition coming to the Council of Proprietors
and sufficient Proof of it appearing, they, on the 27th
Day of February, 1739, ordered an Advertisement to
be printed both in English and Dutch, to prevent
People's being further imposed on by that Practice (a
Copy of which Advertisement in English is annexed,
N° I.') which was accordingly, for many Weeks suc-
ceeding, printed both in English and Dutch, in the
New- York Weekly Journal. We believe several of
the Rioters and their Neighbours were injured by that
Man's Practices, and that without Redress; because he
had not Estate to make Compensation, and was never
one of the General Proprietors, or intitled to any Divi-
dends of Lands amongst them, to have Relief that
Way: — But are we to blame for this? Are not the
very fundamental Concessions and the Laws of the
Province obv ious to eveiy one, that no Survey can be
good, until recorded in the proper Office for that Pur-
pose? And Men must blame their own Simplicity, to
1 No I.
Perth Amboy, February 27, 17H9.
Whereas the C'ouncil of Proprietors of the Eastern Division of New-Jersey, have
been informed, that some undue Practices hare been committed by one Doctor
Jacob Arents, and some other Persons, in taking upon them to dispose of sundry
Tracts of l .ami. belonging to the General Proprietors in common, and not appro-
priated to any one by Patent or Survey recorded, and thereby deceiving many
honest and well-meaning People into the purchasing of such Lands. Now publick
Notice is hereby given, by Order of the aforesaid Council of Proprietors, for the
preventing of any further Impositions, on the good People of this Province, that
they be wary how they purchase any Lands of the aforesaid Doctor Jacob
Arente, or any other Person, without being fully convinced that the Lands by them
offered to Sale, have been duely patented or surveyed, and returned by the Sur-
veyor-General, and that the Return of the Survey is upon Record; without which
appearing, they may depend on it. that an Imposition is intended; and if any Pur-
chaser neglects this Care, he is to blame himself if he be Imposed on.
By Order of the Council of Proprietors, LACK. SMYTH, Clerk.
310 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
think a bare Running round of Land, with a Deputy's
certifying he had so done, could make a Title to it:
It's this third Case of Arents which we so forewarned
the People from being imposed on by, that, we believe,
gave rise to those Pretenders, mentioned in Mr. Jen-
kin's Letter; and whether any more such have arisen
we know not, as they have not come to our Knowledge;
and the Mark he gives of such Pretenders is a good
Sign to know them by, viz. That they refuse to ivar-
rant and defend the Lands which they offer to sell;
for the true Owners will never scruple giving that
Security to the Purchasers; nor do we know of any of
the Proprietors that do ever refuse to warrant and
defend; but tho' Sellers should be willing to warrant
and defend, yet we think prudent Men ought also to
observe the Cautions in our said Advertisement.
We know of no other Cases that can be assigned for
Fifty Years past, where Recompense has not been or
may not be had, to make good the Allegations of the
Rioters, in the Post- Boy's Paper; nor do we believe in
the Whole that Fifty Persons in all that Time have
been imposed on by those three Cases, or any like
them without Recompense: which must fall far short
of the whole Country, consisting of 50,000 People and
upwards; and we doubt much if the same can be said
of any other Body of Men so numerous in Proportion
as the General Proprietors; nor do we believe it could
be said of the Proprietors of East New- Jersey, were it
not for the stopping of Dividends till Justice is done,
which, as before is said, lays a furthur Tye upon them
than other Men are subject to; but were there more
People imposed on (we beg Leave to repeat) is it in the
Power of the General Proprietors to hinder wicked
Men from becoming Proprietors along with them,
either by Purchase or Descent? And if the Laws in
Force be not sufficient to punish wicked Practices, the
Legislature can make what further Laws they think
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 311
proper for that Purpose, in which we should most
heartily join, were they needful; hut we know of no
Defect, as the Laws fully point out what is and what
is not a Title; and if People will venture to buy Titles
over the Belly of the Laws, are not they to blame and
not the Laws?
We never heard of such a Purchase as Mr. Van
Gesin's Purchase, or Horse- Neck Purchase, until
within these two Years, that we have been told, that
two such Deeds from some Indians had been procured,
bearing Date in or about the Year 1 701 ; but by whom,
or from whom in particular we have not as yet learnt:
We have also lately heard, that about thirteen Months
ago, the People thereabouts had procured an Indian to
come from Navesinks, about 40 or 50 Miles off, who
signed some Writings, while in Company with the
Persons said to be the Committee mentioned in the
Paper in the said Post-Boy; but what these Writings
so executed were, was kept a Secret from the Wit-
nesses; if they were Deeds of Lands from that Indian,
or the Deeds of what's called Mr. Van Gesin's Pur-
chase, and Horse- Neck Purchase, we know not: But
if they were; or be they granted or dated at any Time
whatsoever; its evident, that by the Act of 1703, they
are void; and if done in 1701, as pretended, its obvious
from the Act of 1683, herein before mentioned, that
the Transactors thereof were Criminals, for so treat-
ing and accepting of Deeds; and not only so, but they
are liable to the Penalty of 40 s. per Acre, for every
Acre bought of such Indian, after 1703, as well as to
the Penalty of 20 s. for every Log or Tree by them cut
on such Lands on Pretence of these Deeds, or any
other Way, without Leave of the Owner; and that
whether the Lands belong to the Proprietors in gen-
eral, or to others in particular.
Notwithstanding what is suggested by the Post-Boy
and Mr. Jenkins, we are well assured, That since the
312 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1740
first Settlement of New Jersey, there is not one
Instance can be assigned of any Breach of Peace with
the Indians thereof, (tho' very few of the other Prov-
inces can say so as to their Indians) nor that any Pro-
prietor ever presumed to dispossess one of them, or
disturb him in his Possession; but have always amica-
bly paid them for their Claims, from time to time, as
they could agree with them; nor was the Crown, nor
the Legislature of the Province of New-Jersey, now
for Four Score Years past, since the Settlement of this
Province, ever put to one Penny of Charge or Expence,
for keeping the Indians thereof in Peace, in Bounties,
Presents, or otherwise; which is well known to be far
otherwise in other Provinces, and may and probably
will soon be otherwise here, if some late Tamperings
with the Indians thereof be neglected and past over
with Impunity. But if it be true, what the Eioters
pretend, that they have bought the Indians Right;
then have the Indians no Right to those Lands;— and
if the Buyers have possessed the Lands one Score
instead of some Scores of Years, as they say they have
done; the mean Profits they have reaped of them, may
reasonably be esteemed much above five Times the
Value of the Purchase Money (unless they bought at a
Rate much dearer than has been usual.) But if they
had not reaped so much; yet what Right the Rioters
acquired by those Purchases, and what Rewards are
due to them for so purchasing, the Acts of 1 ti83, and
1703, declare; and on producing their Purchase-Deeds,
its presumed those Rewards will not be kept back from
them.
And tho1 the Proprietors are, by the fundamental
Rule aforesaid, to purchase from the Indians from
time to time, as there should be Occasion; yet they
know of no other Limitation of Time for that Purpose,
than before they enter on any Indian Possession.
We are sorry to say, that tho' there has constantly
1746] A'DMINISTRATION OF GOVERNOR LEWIS MORRI8. 313
been Receiver Generals appointed by the General Pro-
prietors, and those duly admitted by the Government,
pmsuant to the Royal Instructions aforesaid, and
notified by publick Proclamations; yet there has of
late been a great Backwardness in paying to them the
Quit-Rents; but the. whole Arrears thereof due, in the
whole Province of New-Jersey, we do not believe
(should the Account be stated) would amount to
-£.15,000.
We know of no Confusion in this Province, but
what the Rioters and their Accomplices have made,
and are animating the People to make, upon the false
and unfair Suggestions in the Post-Boy's Paper, in
hopes to wrest from the General Proprietoi-s both their
Rents and Lands, and to set up sham Deeds procured
from strolling Indians, for a few Bottles of Rum, or
such Considerations, in place of the Title1 of the Crown
of England to the Lands of New-Jersey; an Attempt
so daring, that they cannot hope to succeed in it, with-
out not only oversetting the fundamental Laws and
Constitutions confirmed by many Acts of the General
Assembly of New- Jersey; but also withdrawing their
Allegiance from the Crown of England, which must
support its own Title to New-Jeisey, as well as to its
other Provinces. — How unequal to that Task are
those poor deluded Men, who have been led into the
Committing those Riots, they must soon see, if they'll
give themselves the least Time to reflect! — So deluded
are they to presume, and so impudent are their
Seducers, to make Appeals to God, and demand his
Blessings on their Crimes and Breaches of the Laws of
the Province; and to assert themselves to be the King's
dutiful and loyal Subjects, while breaking his Goals,
and trampling his Authority and Laws under Foot.
Tho' neither the General Proprietors nor their Coun-
cil were privy to the Treaties hinted at in the Post-
Boy's Paper, or concerned in any Ejectments or Suits
314 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
there mentioned; yet as Messrs. Alexander and Mor-
ris, supposed to be the two Persons meant by the
Letters A — r and M — s, were privy to them, and are
two of our Body, we have desired, and they have given
us an Account of what concerns them, as follows, viz.
They say, and it appears to us by the Records in Lib.
0. 212, and Lib. G. 368, that there was in June, 1701,
the Quantity of 13,500 Acres of Land surveyed and
patented at Horse-Neck, to Sir John Moore, Knight,
Sir Thomas Lane, Knight and Alderman of London,
and other Proprietors, in and about London, commonly
known and called by the Name of the New-Jersey
Society, in Right of their second Dividend for two
Proprieties and a half, or Twenth-fourth Parts of East
New-Jersey. They say also, that by deed recorded
Lib. AB. 2, fol, 106, in the Office of the Proprietors
Recorder, 'and in Lib. F. 2, fo. 376, in the Secretary's
Office at Perth- Amboy, they with Mr. David Ogden,
purchased the said Tract of Land, in the Name of Mr.
Alexander, having many Months before agreed for
the Purchase; that after the Purchase was agreed for,
they caused the said Tract of Land to be carefully sur-
veyed; and found 35 Families settled thereon, whereof
several were bona fide, Purchasers from other Proprie
tors about 30 Years ago, under mistaken later Appro-
priations interfering with the said Tract; and as to all
those, except one, they have agreed with the Heirs of
the Vendors to confirm the Heirs of the Purchasers;
which one they are in hopes they shall in like Manner
agree with; and as to the remaining People, settled
without any Title, they offered the Refusal of either
leasing or buying the Spots they were settled on, with
Covenants to warrant and defend the Purchasers and
Lessees against all Persons; and many of them treated
with Mr. Ogden for that Purpose, and he thought they
had agreed; but afterwards finding the People spirited
up to depart from those Agreements, Mr. Ogden, in
1746] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 315
behalf of himself and Partners, wrote a Letter to them
on the 22d of December, 1744, whereof N° II.' is a
Copy, and had six Copies ot it delivered amongst
them, with Request to communicate it to the rest.
Afterwards, to wit. January 20th, 1744-5, the Partners
agreed to write another Letter to them, whereof five
Copies were sent to so many of the most leading Men
to show to the rest, two of which only were received,
the other three being refused.
It's by a Letter of March 2d, 1744, from Mr. Ogden,
that his other then Partners say, they had the first
Notice (that they remomber) that the People pre-
tended to hold by an Indian Title; from whom this
Indian Title was, or when granted, no Infonnatton
was had; but that they were absolutely determined
not to lease or buy, but to depend on some Indian
Title: Whereon it was agreed, that Mr. Ogden should
cause some of the most leading Men to be served with
Declarations in Ejectment, at the same Time acquaint-
« NO. n.
Sir, Newark, December 22, 1744.
Having often attempted an Agreement with several of you, living on the Tract of
Land at Horseneck, purchased by us James Alexander, Robert Hunter Morris,
Esqrs. and David Ogden, and even after Proposals have boon more than once con-
sented to by many of you, the same have been afterwards denied, to our great
Expence; and now are informed, that you dispute our having any Right to that
Land ; which lays us under the Necessity of having our Affairs settled with you out
of hand; and in order thereto, make the following Pi-O|K>sals, First, either that each
of you take a Lease from us, for one Year, without paying any Rent for your
Farms, and then to deliver us the Possessions: •-'<!. Or that each of you take a Lease
for three Years, commencing the first Day of December Instant, each paying the
yearly Rent of his Farm, the Sum affixed to his Name in the first Column of the
Inclosed Paper; 3d, Or that you purchase from us, sufficient for a Farm or Planta-
tion where each of you live, at the Rate likewise affixed for every Acre, to each of
your Names in the second Column of the Writing inclosed.
As this Tract of Land has cost us a great Sum of Money, and the Interest thereof
daily arising is vary considerable, our full Purpose is, not to be trifled with any
longer; therefore we expect a speedy Compliance, with some one of the above
three Proposals; pray inform your Neighbours living on said Tract with this Let-
ter, and also with the inclosed Writing; so that if any of them be put to Costs for
their Non-Compllance with some one of said Proposals, it may not arise from Want
of Notice thereof from
Your humble Servant, DAVID OCDEX,
To Mr. Francis Spier, and others living For James Alexander, Robert Hunter
on the Society's Patent, at Horseneck. Morris, Esqrs. and himself.
316 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
ing them, that if they agreed to any of the Proposals
of the Letter of December 22d, that the Partners
would be at all the Costs of those Suits.
At or near the Day appointed by the Letter, N° III.
Messieurs John Low and John Condit, met with the
then Partners at Perth- Amboy, but brought no Coun-
cil at Law with them, as by that letter was desired;
however the Partners showed them their Title, and
told them, they were ready to comply with either of
the Proposals in the Letter of December 22d; which
they refused to accept : And Messieurs Alexander and
Morris, declare they remember not their proposing to
join Issue in any one or two particular Cases for a
Tryal, in Consideration they might have Liberty of
Appeal home for England; and they conceive the Pro-
posal, if any such had been, would have been idle in it
self, seeing they could not hinder them to join Issue
in what Causes they pleased to defend, nor could they
debar or hinder them of an Appeal to England, if the
Defendants thought proper to make; and they say,
they do not remember that those Gentlemen ask'd of
them to stay Proceeding in the other Ejectments; but
if they had so ask'd them, it's more than probable that
they refused to comply with that Request, as 110
Ejectment against one could any Way affect any
other Person ; and to have consented to proceed against
only one or two Persons at a Time, and when those
were determined, to proceed against another one or
two; while in the mean Time the Defendants were
cutting and destroying their Timber and Land at their
Pleasure, they think would have been an unreasonable
Demand, and would have been a Folly in them to have
consented to.
They say, that having heard that an Indian from
Navesinks, had, a few Weeks before, been sent for
and executed some Writings in Presence of the Com-
mittee, which they suspected to be Indian Deeds, they
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 317
conceived it their Duty, to acquaint those Gentlemen
with the Danger of such Practices, by pointing out to
them the fundamental Rule aforesaid, as to Indian
Purchases, the Act of lt>83, aforesaid, by. which it was
criminal to make such without Licence; and the Act
of 1703,' by which they were void, and a Penalty of
Forty Shillings for every Acre so bought; which they
did accordingly out of the original Bill against some
People of Elizabeth Town, filed with Mr. Bartow,
Clerk, then laid before them, where these Matters are
set forth at large; and also produced to them the
orignal Instructions to Lord Lovelace, (who was the
second Governor of New-Jersey under the Crown)
under the Seal of Queen Anne's Privy Council of
Great- Britain, and her Royal Sign Manual, and that
Part thereof, concerning Indian Purchases herein
before mentioned; whereupon Mr. John Low declared,
that he had not before looked on Indian Claims in the
Light he then did, and would acquaint the People in
whose Behalf he came, with the Facts shown to him,
and they could act as they should think fit, or to that
Purpose; whethef they were so acquainted or not, Mr.
Low, and those People best know.
Alexander and Morris say, that as all their Proposals
were refused, they proceeded in the Ejectments
brought before, and commenced sundry more; in
every or any of which, the Defendants might have
joined Issue if they had pleased, and appealed to Eng-
land if they went against them; nor was it in the
Partnei-s Power or Desire to hinder them from so
doing; but no Defendants were enter "d to any one
Suit; so that Judgments were obtained against the
casual Ejectors, and thereby none of the Possessors
had one Penny of Costs or Charges of those Suits to
pay, or of any other Suits whatsoever, to their Knowl-
edge or Belief : They say they are Strangers to any
Trfeaties with those People afterwards, otherwise than
318 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
by Information from Mr. Ogden, who differs far from
them in the Account of them ; but he was so far from
doing any Thing to hinder them from transmitting
their Affairs and Circumstances home to England, to
lay them before his Majesty King George in Council,
as they say they were designed to do, that upon the
Committee's complaining of want of Money for that
Purpose, he offered to lend them what Money they
wanted for that Purpose, on the Bonds of the Com-
mittee, without any other Security; which Offer they
refused to accept of.'
They do declare, that tho' the said Families without
Title, have committed great Waste of the Timber on
the said Land, that they never threatned nor had
Thoughts of bringing any one Action on the Act of
1713, of Twenty Shillings Penalty for each Tree; nor
did they agree or intend to bring any one or more
Actions of Trespass for the Damage, or mean Profits
of the said Land, and Costs of the Suits of Ejectment,
tho' it was lawful for them so to have done, and is
usual in the like Case. The offering a Lease for a
Year without any Rent (which was^Dne of the three
Proposals of December 22d, and the Offer renewed at
the Meeting at Perth-Amboy) was in a Manner an
Acquittal of those Things, and had they desired it
they should have had Acquittances in Form.
As to the Action of Trespass against Baldwin, on
which the first Riot was committed, it was not for
trespassing on the said Tract, but upon a Tract adjoin-
ining to it, belonging to Infants, the Children of
Richard Ashfielcl, deceased; and on which the said
Baldwin made great Havock with his Saw Mill, of the
best Timber thereon ; and tho' forewarned, would not
desist, but in Defiance continued so to do, to the great
1 The Letter is dnnexed as a note, but is not printed in this connection, being
unnecessary after the statements in the text. — ED.
174G] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 319
Impoverishment of the same Land; and so he con-
tinues as well as other the Rioters to do, in making all
the Waste and Havock they can of the Timber there-
abouts, in hopes of Impunity from those Riots.
That they have been informed and believe, that at
the first Riot there was no more than seven of the
People of the said Tract of 13,500 Acres, and fewer at
the last Riot; and that they verily believe, those Peo-
ple had no Thoughts of opposing their Title, or of com-
mitting any such Riots, till spirited up by some Men
who have formed the daring Design aforesaid, of
wresting from the General Proprietors both their
Rents and Lands; and of setting up sham Deeds, pro-
cured from stroling Indians, in Place of the Title of
the Crown of England; and the People of the 13,500
Acre Tract, were so far from having any such
Thoughts, that they gave their best Assistance in car-
rying the Chain, and in other Services, and the best
Entertainment their Houses could afford, and the
civilest Usage in their Power, during the Survey
thereof, before mentioned.
And upon the Whole, we the Council of Proprietors
conceive, its no Wonder that the Bait of the Seducers
has been catch'd at by a Number of poor, weak and
ignorant People, seeing it was covered with so great
seeming Advantages, as for a few Bottles of Rum
bestowed for Indian Deeds, to be not only discharged
of Arrears of Quit-Rents, and to be clear of paying
Rents for the future; but also instead of paying Ten or
Fijteen Shillings per Acre to the Proprietors for Land,
they can in this Method, have them for less than Ten
or Fifteen Pence per 100 Acres: Animating Prospects
indeed! But if they will with Coolness consider what
they give up by snatching at the Bait; their Allegiance
and the publick Peace-; and that they expose them-
selves to the Punishment due to Sedition, &c. tfcc. It
is hoped they will be sensible of the Danger they run,
320 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
and act as all other good Subjects do, by making the
Laws and not Force the Measure of their Eights.
From the printed Letter of Mr. Jenkins to the Peo-
ple Newark, there seemeth Reason to suspect, that
neither he nor the other seduced People, have been
acquainted with the fundamental Rule, Act of 1683,
and Act of 1703; and Instructions concerning Indian
Purchases shewn, to their Committee, as before men-
tioned, but have been blindly led on by a Position,
That the Indians were once the Owners of the Soil;
and therefrom they conclude, That those who have
purchased, or got Deeds of their Right, must also be
Owners noiv; the Argument seems plausible and of
Force, to those who are unacquainted with the pre-
ceeding Rule and Laws, and with the Nature of the
undeniable Rights of the Crown of England.
But suppose (for Argument Sake) the Position afore-
said to be true, yet, has not the Crown of England a
Right to those void or uninhabited Countries, which
are discovered by any of its Subjects? Has not the
Crown of England a Right, to restrain its Subjects
from treating with any Heathen Nation whatsoever?
And has not the Crown of England, in Consequence of
that Right, Power to grant the Liberty of treating
with any Heathen Nation, to any one particular Per-
son, exclusive of all others, and that upon such Terms
as by the Crown may be thought proper? Has not the
Crown of England at least granted that Right to the
Proprietors, by Grants of New-Jersey under the (Treat
Seal of England? Had not the Proprietors, by Virtue
of those Grants, a Right to make the fundamental
Rule before mentioned? Or rather, was not that fun-
damental &ule a Notification of what was the Right of
the Proprietors antecedent to Hi Had not the Legisla-
ture, in the Year 1683, the Right to declare the
Breaches of that fundamental Rule to be criminal, and
tending to Sedition? And is it not obvious from the
1740] ADMINISTRATION OP GOVERNOR LK\VIS MOKRIH. 321
two late Riots at Newark, that they (Sixty-two Years
ago) foresaw the Consequences of the Breaches of that
! filler Had not the Legislature, in the Year 1703, the
Right to declare all Indian Deeds obtained contrary to
the said Rule to be void? And had not they a Right
also to impose a Penalty of Forty Shillings per Acre,
upon every Person who should break thro' that Rule?
Had not the People of New- Jersey from the above
Rights of the Crown, from the very Nature and Rea-
son of Things, from the said fundamental Rule, and
i'ntm the said two Acts of Assembly, sufficient Notice,
that the Proprietors had the sole Right of making
Purchases from the Indians as they should see Occa-
sion '{ Could any other* Person's making Purchases, in
Defiance of the said Rights of the Crown, Rule and
Laws, intitle -the Purchaser to any Thing further, than
to the Punishment of Sedition prescribed by the Act
of 1683, and to be subject to Forty Shillings per Acre
Penalty by the Act of 1 703? And had not the Legis-
lature in the Year 1713, a Right to impose a Penalty of
Tkventy Shillings for every Tree that any Man should
cut on Lands not his legal Property? And are not all
those Laws now in Force? If not, what has taken
away the Force of any one of them?
Suppose again (for Argument Sake) that there had
been no such Rule nor Acts of Assembly as before, yet
if the Crown of England and its Assigns, have the sole
and exclusive Right, of treating with the Heathen con-
cerning Lands; is it not an Usurpation of the Right of
the Crown, for any other Man even so much as to
treat with them on that Head? And doth not an
Usurpation of the Right of the Crown in its Nature
approach to High Treason?
To pretend to hold Lands by an Indian Deed only,
is not that declaring the Indian Grantor to be the
Superior Lord of that Land, and disowning the Crown
of England to l>«> ^>'. And is not that an Overt Act of
322 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
withdrawing the Allegiance due to the Crown of Eng-
land? (from which all Lands within its Dominions
must be held mediately or immediately) Or is it not
an Overt Act or Endeavour, to establish the Dominion
of the Indian from whom the Tenure is, and to destroy
the Dominion of the Crown of England in this Prov-
ince? And do not those Overt Acts or Endeavours in
their Nature approach to High Treason?
If the Facts of barely treating for, or procuring an
Indian Deed, without the Right of the Crown of Eng-
land so to do, be in their Nature approaching to the
Crime of High Treason, what must be the Pretence of
holding Lands by them only? — The assembling of Mul-
titudes in a riotous Manner to defend such Pretence?—
The obstructing with those Multitudes the due Course
of the Law? — The taking from the King's Officer, the
Sheriff of the County, the Possession of his Majesty's
Prison? — The breaking open his Majesty's Prison, and
rescuing the Prisoners there lawfully committed, &c.
&c. ? And what must the publick avowing of all those
Things in Print, by the Post-Boy of February 17th,
and Mr. Jenkins's Letter be?
These are Questions, that had the Seducers been
honest Men, they would have considered, first, how
they could have answered them themselves? And if
they could answer them to their own Satisfactions,
without withdrawing their Allegiance from the Crown
of England; then, secondly, they ought to have ac-
quainted the People with them and with their
Answers, and ought not to have blindly led a poor
ignorant People in the Dark, into the Crimes they have
committed against those Laws and the King's Peace,
and all this thro' the silly Position aforesaid, false in
it self, as the Indians had no Notion of Property in
Lands more than in Air, until the Christians came
amongst them (except in the small Spots on which
they planted their Indian Corn, and those Spots did
i i (''•] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 323
not occupy so much as one Acre of a Thousand Acres;
so that the remaining 999 Acres might properly be
said to be void and uninhabited, and in the Power of
the Crown absolutely to grant; and except as to Hunt-
ing.)
And as by what we have now published, Mr. Jen-
kins, and other the People seduced, will be acquainted
with what, we apprehend, has been kept hid from
them by the Seducers; we hope they will be sensible
of the Crimes they have committed or countenanced,
and abhor them and the Seducers; will burn their
Indian Deeds, that they have lately got for some Bot-
tles of Rum, that they rise not in Judgment against
them, to subject them to the Punishments and Penal-
ties of the Laws, and flie to the Mercy of the Laws,
for the Expiation of their criminal Riots, and to the
Mercy of the Owners of the Lands they have been pil-
laging and]wasting, to make them what Amends is in
their Power for so doing.
By Order of the Council of Proprietors of East
New-Jersey.
LAUR. SMYTH, Clerk.
Samuel NevilVs* Speech in the Assembly of New Jer-
sey— in answer to the Rioters' Petition.
[From New York Post- Boy, May 19th and May 28th.]
Mr. Nevill's Speech to the House of Represen-
tatives of the Colony of New Jersey, on the
Second Reading ofjsthe Petition, from a
came to East Jersey In May, 1786, brought
out by the death of nis 8i8ter« wno had b®611
the wife of Peu?r solans and inherited
his property. Mr. Nevlll had been editor
of the London Morning Pott, and the few memorials of him still existing indicate
the possession of character and talents much above mediocrity. He soon ro«e to
24 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [17463
Number of Persons stiling themselves In-
habitants chiefly of the Northern Part of
the Province of New-Jersey, on Saturday
the 26th of April, 1746.
Mr. Speaker,
I look upon the Petition now read, as a scandalous,
false, abusive and inveterate Libel, upon a Set of Gen-
tlemen who are more immediately under the Protec-
tion of his Majesty, as will appear by the Instructions
given by the Crown, to the several Governors of this
Colony, ever since the Surrender of the Government;
I mean sir, the Proprietors of East New-Jersey, who
are by the Petitioners traduced as guilty of Unjust
Molestation, Virulent Oppression, Pretenders to Pro-
priety, Invaders of the Rights and Properties of the
People, and Encroachers upon the Heathen and In-
dian Natives, and True Proprietors of the Lands,
under whom the Petitioners claim their Titles and
eminence in the Province, became a Judge of the Court of Common Pleas, Mayor
of Perth Amboy (then no trifling position), Second Judge of the Supreme Court, and
filled several other important offices to the credit of himself, and it is believed to
the satisfaction of the Government and the well disposed among the people. He
was a member of the Provincial Assembly at various times, and prominent in the
dissensions which occurred during Governor Morris' administration. In 1752, while
holding the office of Second Judge of the Supreme Court, Mr. Nevill commenced
the publication of the laws of the Province in two volumes folio, which was a valu-
able service to the Province. In 1758, under the sobriquet of " Sylvanus Anieri-
canus,''— hi imitation, probably, of " Sylvanus Urban," of the London Gentleman's
Magazine— h& commenced editing a monthly periodical published at Woodbridge
by James Parker, called The New American Magazine, being the first periodical of
any kind printed in New Jersey, and only the second monthly magazine on the
Continent. The appellation " New " was to distinguish it from its only predecessor,
published in Philadelphia, which, however, was discontinued on the appearance of
its competitor. On the death of Chief Justice Morris in January, 17&4, he would
probably have been raised to the vacant bench had not the infirmities of age ren-
dered the performance of its duties by him impracticable. He died in October
following, in the sixty-seventh year of his age. Whom he married is not known, but
his wife preceded him to the grave, dying in 1755, and their simple headstones of
gray slate yet mark their places of sepulture in the graveyard of St. Peter's Church,
Perth Amboy. They left no children.— See Contributions to the Early History of
Perth Amboy, pp. 120-124, etc.— ED.
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS.
Rights to their Possessions; and thereby deny the
Right and Property of these Parts of the English Do-
minions to be vested in his Majesty, and charging the
Crown of England with a Royal Fraud, and as guilty
of the greatest Injustice; for the Proprietors cannot
come under these opprobious Denominations, they
having honestly paid for the Land which they claim
Title to, and fairly obtained good and sufficient Con-
veyances for the same from the Crown, as manifestly
appears by the Records of this Province. How this
Honourable House will treat this Bold Attempt upon
the Prerogative of the Crown, by calling in Question
his Majesty's Right and Title to the Soil of New Jer-
sey, who is the Proprietors immediate Warrantor and
Defender, I must submit; and shall now only beg
Leave (in Behalf of those injured Gentlemen, Proprie-
tors) to answer the said libellous Petition, Paragraph
by Paragraph. The Petition begins thus:
" We, our Ancestors, Predecessors, &c. having (as
we suppose) made a Full and Just Purchase of sundry
Tracts of Land (situate in this Province) of the Heathen
Native Proprietors and Owners thereof, and of and
from them, obtained Good and Lawful Grants or Deeds
of Conveyance of the same, some of which Lands hav-
ing been possessed by our Fathers and us some Scores
of Years, we thought our Rights and Properties secure
from Invasion, &c.v
This, Mr. Speaker. I conceive is a Notorious Libel
upon the Crown of England; for if the Purchases and
( 'onveyances made and obtained by the Petitioners b:»
Full and Just, Good and Lawful; then consequently
the Purchases and Conveyances made and obtained l>y
the Proprietors from the Crown of England, must be
Void and Unjust, Bad and Unlawful, and of Com
Royal Fraud. But that the Crown fully intended to
make good their Right and Title to the Lands of New
Jersey, and to confirm them to the Proprietors, (to
326 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
whom they had conveyed them) plainly appears by
the Instructions given by Queen Anne, to the Lord
Cornbury, the First Governor of New Jersey, after the
Surrender of this Government to the Crown. And
this set of Instructions, Sir, agreed on at that Time to
be granted by the Crown as* their Concessions to the
People, may be justly deemed the Magna Charta or
Great Charter of the Colony of New Jersey; and to
break through any of them, I esteem as an Infringe-
ment upon the Liberties and Properties of the People
here; they being founded upon the Royal Word or
Grant, and being Part of the Condition of the Surren-
der of the Government. I shall beg Leave, Sir, to
read that Part of the Instructions relating to the Pro-
prietors. [See the Substance in the Proprietors' Publi-
cation.1]
These Instructions, Sir, have always been continued
to the several succeeding Governors, and I doubt not
are continued to His Excellency our present Governor
to this Day; and were also recommended by His Ex-
cellency the Lord Cornbury to the first Assembly of
this Colony after the said Surrender, in his first Speech
to them, which I beg leave to read from the Minute
Book of the said Assembly, now lying upon the Table,
in the following Words, viz.
"I am likewise commanded to recommend to your
Care the preparing one or more Bill or Bills, whereby
the Right and Property of the General Proprietors to
the Soil of this Province may be confirmed to them,
according to their respective Titles, together with all
Quit-Rents, and all other Privileges as are expressed
in the Conveyances made by the Duke of York] except
only the Right of Government, which remains in the
Queen.
In Consequence of which Recommendation, the first
1 See page 297 of this volume.
1746] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. IttT
Act that appears in the printed Laws of this Colony,
and the first and only Law that pass'd here in that
first Assembly after the Surrender as aforesaid, related
to Indian Purchases; which I crave leave to read from
the printed Book, it is entitled, &c. '
Now, Sir, by the Petitioners own Words it plainly
appears, they have only Indian Purchases, which (by
the Act of Assembly now read) are absolutely void.
And as a further Demonstration of the Illegality of
the Indian Purchases, I desire to read some Abstracts
from the Proprietors Publication.
This, I think, Sir, is a full Answer to that Part of
the Petition; for by the Concessions and fundamental
Constitutions, and by the Laws of the Province these
Purchases are Void. The Petitioners go on thus:
"And whereas divers Persons, pretending Propriety
in the said Lands, have, in the late Years past, given
us great Uneasiness, by surveying great Part of our
purchased Lands, with many Improvements and Set-
tlements, selling some, and offering the rest to Sale,
serving sundry Ejectments on the long possessed, as
aforesaid, and threatningto dispossess all the rest, who
would not either purchase their Lands of them (at a
very dear Rate too) or become their Tenants, &c."
As to this Part, Sir, I say, that the Indian Purchase
being Void (as before observed) they can have no law-
ful Pretensions to these Lands; and by what has been
already read. I leave it to the Honourable House to
1 The Substance of it la in the Publication of the Council of Proprietors of East
Jersey, of March 25th, 1746. page 307 of this volume.
The Publication referred to in this Speech, is that Edition of it printed l>y it-.-li
consisting of 11 Pages in folio.— The same Publication was reprinted in each of the
three New- York News-Papers, divided into four Parts. The first Part, printr.l in
the News-Papers of April 7th, 174<J.— The second Part, printed in PajK-rs of April
14th. -The third Part, printed in Papers of April 21st -The fourth Part, print f 1 in
Papers of April 2Sth.— By the Help of this NX », any one, wa > ha< o.ily one of the
K litions in the Njw.H-Paoera, raiy enlly fl-il thi Plajei t'asre eorre < ponding to the
separate Edition here referred to.
Note also, That a Copy of that Edition of the Publication referred to, was deliv
ered to each Member of the Assembly of New Jersey, on the 9th of April, 1746.
328 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
judge, whether the Proprietors have not an undoubted
Title to the same, and a Right to survey those Lands,
and to bring Ejectments, or any other Suits, against
such as wilfully withold the Possession from them,
and to make Sale of the said Lands at their Pleasure.
But to go on with the Petition;
"• And withall to bring a Resurvey upon all the
Lands, even such as were of themselves bought or
patented, &c."
I beg leave to say, Mr. Speaker, That these poor
ignorant People have been much imposed upon by
some designing Persons: For this Part of the Petition
is an absolute and wicked Falshood; tending only to
disquiet and terrify the People, and to amuse this
Honourable House, by endeavouring to prepossess
them in Favour of their unjust and illegal Proceedings.
For I have for many Years 'past, Sir, sate with the
Council of Proprietors of East New-Jersey, have ex-
amined all the Minutes from the Year Eighty-five
(being their first Meeting in these Parts) to this pres-
ent Time, and have never met with any Motion, or the
least Hint of that Kind in their Minutes, or in their
Books of Record; nor have I ever heard any of the
present Council of Proprietors make mention of any
such Thing, but on the contrary, when th^y have
heard of such base Stories being spread abroad, they
have all declared their Detestation of any such Prac-
tice. The Petitioners say further:
"And make all Persons who have Patents, &c. pay
unto them Quit-Rents, contrary to the True Meaning
and Intent of the same, &c."
This is both False and Ridiculous in itself: Can it be
supposed the Proprietor's would be so foolish as to de-
mand Quit-Rents whei-e there are none due by the Pat-
enrs? And where the Grantees hold their Land by no
other Service but paying such Rents as are specify'd
in their Patents, have not the Proprietors a Right to
174f>] ADMINISTRATION OF GOVERNOR LKWIS MORHIS. 329
demand them? Can a Person renting a Farm a Hun-
dred Yeai-s u]>on Lease, condition 'd for the Payment of
such an annual Rent as is specif y'd in his said Lease,
justly say he is injured, if his Landlord permits him to
make use of liis Rent Money for Fifty Years without
demanding it? Or has the Tenant any Right to refuse
the Payment of it when demanded? Or to claim the
Farm as his own without any Ackuowlegement, be-
cause of such an Indulgence? But to proceed:
• • And moreover to load them with Multiplicities of
Law Suits (which as Experience shews) exposes, espe-
cially Men of quiet Minds, to exorbitant Expence and
Costs as well as Fatigues, &c. By which Acts and
Threats as aforesaid, which we imagine to be Unjust
Molestation and even Virulent Oppression, &c.v
The Proprietors in general have brought no Suits
against these' Men. nor threaten'd any: Two of that
Board, viz. Mr. Alexander and Mr. Morris have brought
Suits against some of them; their Reasons they set
forth in the said Proprietors Publication, which (as
every Member hath been presented with one of the
said Answers) for Brevity Sake, I refer.
By that their Answer, Mr. Speaker, the House may
see, that these Gentlemen have acted fairly and can-
didly by tliese people, liuve put them to no exorbitant
Expence and Costs, as they alledge, nor even to one
Farthing Expence: And it is well known, that in Cases
of Ejectment, when no Defence is made, no Costs can
he recovered: and it' a Title is defended, and no Right
appeai-s in the Defendant, is it not reasonable he should
pay the Costs? However, let us hear furthei •;
" We were animated to seek the Transmission of
our Affairs and Circumstances (relating to our Inmdcd
Hi <jli I* and rn ,/i-i-h'rs} Home to England, and lay
them before the King in Council, hoping in >uch a due
and regular Way and Manner of Procedure, to have
our justly purchased. ias we suppose) and possessed
330 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
Lands and Inheritances to us warranted, secured, and
defended by the Laws and Liberties of our Nation:
To which End and Purpose, we chose a Committee to
act for us, &c. who have endeavoured (maugre all the
Projections of the adverse Party) to cause a Superces-
sion in that Affair, &c."
By those Gentlemen's Reasons, Sir, set forth in the
Proprietors Publication, before mentioned, it plainly
appears, that they were so far from hindering these
People from transmitting their Circumstances home to
England, or causing a Supercession (as they term it)
in that Affair, that Mr. Ogden offered them fair Pro-
posals for that Purpose, nay even to lend them Money
to defray the whole Charge of it. The Petitioners fur-
ther say,
" The Prosecution of our Design to Effect, tho' by
slow, yet we hope by Regular and Sure Steps, &c."
I must confess, Mr. Speaker, that I know not what
these Gentlemen mean by Regular and Sure Steps,
unless it be by a Club Law, (which is now become a
By- Word, and is too much encouraged by inconsider-
ate People) and that is a Sure Step indeed, to try a
Man's Property by Knocking out his Brains! Or un-
less it be by Flying in the Face of the King's Authority,
Breaking Goal, and Terrifying and Abusing the Offi-
cers and Magistrates, who endeavoured to put the
Laws in Execution; And these are such Regular and
Sure Steps, which must certainly end in the Destruc-
tion both of the Constitution and the Colony; and
which, I am sure, the Honourable House will never
countenance. The next is a very modest Paragraph, I
must confess, especially considering the Petitioners
are suing for the King's Mercy!
" It is humbly confessed and declared, the Oppres-
sions and Fraudulent Dealings we have met withall,
from and by the Proprietors so called, their Threat-
nings, commencing of Suits, and such Prosecution
! 1 I'1.] ADMINISTRATION OF GOVERNOR I.KWIs MORRIS. 331
against u>. on such Pretences as theirs is, and under
such Circumstances as ours are, is the only Ground of
that Exasperation, which hath been in this Part of
the Country generally, and hath occasioned the late
Stirs among us, particularly at Newark, &c."
This, Sir, is certainly an Original in it self, and
deserves a more particular Remark! What do the
Petitioners mean by the Proprietors so called? If they
deny the King's Supremacy here! If they deny his
Right and Title to the Lands of New Jersey! If they
deny the Holding of Lands in this Colony by the
Laws of England to be Good! And so consequently
deny their Dependance upon the Crown of England
for their Properties! Then are the Proprietors Pre-
tenders, and may be stiled the Proprietors so called:
Property carries no double Face, Sir, it is either Prop-
erty or Not Property; and the Dispute now is, whether
the Property in the Soil of this Colony is vested in the
Crown of England, or in the Indian Natives? A
dangerous Dispute to be disputed, Mr. Speaker!
Again; Carrying on such Prosecutions against us on
such Pretences as theirs is, and under such Circum-
stances as ours are: On such Pretences as theirs is,
that is, an absolute Conveyance of all the Lands in
New Jersey, both mediately and immediately from the
Crown of England to the Proprietors and their Heirs
and Assigns forever. And under such Circumstances
as ours are, That is, a Multitude of People, treading
upon the very Heels of Rebellion, if not actually en-
gaged in it, (as is the Opinion of the King's Attorney
General) and setting up the Heathen Indians as true
Owners of the Soil, under whom they claim, and so of
Course their Lords Paramount; and this. Sir, they
urge as the only Ground of that Exasperation which
hath been in this Part of the Country generally, and
hath occasioned the late Stirs among them, particu-
larly at Newark. A very plausible Excuse truly, and
332 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
worthy the Consideration of this Honourable House!
In short, I pity the Ignorance of the poor deluded Peo-
ple! They seem to be in a Maze! And endeavouring to
find their Way out, they plunge themselves further
in, by signing these Petitions: But I think, Sir, the
Draftsman (be who he will) is without excuse; First,
for craftily advancing such traiterous and seditious
Tenets to this Honourable House, in Hopes to have
them countenanced here; and, secondly, from behind
the Curtain, drawing these poor People into his per-
nicious Principles, and dangerous Measures, by induc-
ing them to sign these Petitions. As to Part of the
Charge, viz. The Oppressions and Fraudulent Deal-
ings they have met withall from and by the Proprie-
tors so called; I refer you to the Proprietors Publica-
tion already mentioned, which I think a full and Suffi-
cient Answer. I shall now go on with the Petition.
"For sure it is, should we attempt to enter and
engage our Opponents in the Law here, who sees not
the Difficulties attending our making a legal Defence,
where the Interest in general is on their Side, render-
ing the Case so difficult with us and on our Side,
That we cannot think any Cause between us and the
Proprietors so called can have a fair and impartial
Hearing and Determination, unless we suppose Men
in their own Cause will act uprightly, against their
own Interest, which both the Law of Nature and of
the Nation rejects, as a Matter not to be depended
upon, &c."
This, Sir, is a heavy Charge indeed! Laid upon the
whole Body of the People; Governor and Governed!
Judges and Juries! All Tainted or Corrupted! But
by the Laws of England no Judge can sit upon his
own Cause; and the Chief Justice (being concerned in
Interest) cannot sit upon thesv3 Trials: Yet what should
hinder a fair Trial before Mr. Justice Allen* or even
before Mr. Justice Bonnel? for if the latter is concerned
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 333
in Interest, it is certainly on the Petitioners Side of
the Question. I was myself in Court, Mr. Speaker,
last March was Twelvemonth at Am boy, when the
I 'I lief Justice absolutely refused to sit, even whilst the
Common Rules were made upon these very Eject-
ments; and Judge Bonnel being sick at that Time, an
Express was sent for Judge Allen, who came from
Burlington to Perth Amboy. only to sit alone in Court
whilst the said Rules were enter'd. So cautious was
that Gentleman, the Chief Justice, of leaving the least
Room for Reflection that Way; And is it not both un-
fair and unjust for the Petitioners to suggest, that the
Chief Justice would sit as a Judge in his own Cause;
and therefore they could not have a fair and impartial
Hearing and Determination? But we are highly obliged
to the Petitioners for the great Compliment paid to us
in the next Paragraph !
"For which Reason we humbly and earnestly beg
^having our Eyes to the Legislative Powers; from and
by whom our Rights, Properties, and Privileges have
their Rise ami Support, &c."
This Petition, Mr. Speaker, cannot have its Spring
from those poor deluded People; some crafty subtle
incendiaries must be at the bottom of it; for this
Parenthesis attributing to the Legislative Powers
( which must be to the Legislative Powers to whom
this Petition is directed) I sav attributing to the Legis-
lative Powers here the Rise and Support of their
Rights, Properties, and Privileges, is absolutely deny-
ing that they have any other Smiive. Foundation, or
Uis«> and Support, and consequently denying their
Dependance upon the Crown of England, for their
Properties, under which all our Lands, by the Laws of
England, must mediately or immediately lie held:
And should this Attribute conferred on us by the Peti-
tioners, he passed over in Silence by this House (and
thereby made their o\vin I leave it to their serious
334 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
Consideration, whether it may not be esteemed else-
where a Consent to that Attribute, which I am far
from thinking this House aim at; and whether it may
not be incumbent on us to demonstrate so to the
World, in the most express and explicite Manner I
humbly submit. To go on,
"That Way may be made for our Relief here, or
Liberty of Application, by our Committee or their
Substitutes, to the Head and Fountain of Justice, in
order to seek the Redress of our Wrongs and Injuries
we have already received, and prevent the like for the
future, &c."
As to this, Mr. Speaker, Mr. Ogden's Letter in the
Proprietors Publication, before mentioned, shews
clearly, that the Petitioners have been no Ways hindred
from applying to his Majesty, in such Manner as they
thought fit: Nay, so far from hindering, that the best
Advice that could be given, was given to them by Mr.
Ogden, (as they themselves will find, when they advise
with any good Lawer.) And why have they not now
in near a Year and a Half, since these Men were ani-
mated against the Proprietors Title, I say, why ' have
they not in that Time applied to his Majesty? And
why they did reject all the Assistance offered them
for that Purpose, they best know; but, I think, that
Delay shews, that that Application is a mere Pretence.
The Petitioners further pray thus,
"And in the mean Time, that all our past Miscon-
duct, If such, and intemperate Zeal we have any of
us been guilty of, may pass away under an Act of
Indemnity, &c."
I shall be far, Sir, from opposing a Pardon to the
Petitioners, but shall rather promote it, and heartily
wish it may (if obtained) have the good Effect to re-
duce them to their Duty and Allegiance to his Majesty
for the future, which they have certainly (tho' many
of them, I believe, ignorantly) violated; but I wish
\ I'M I MSTRATION OP GOVERNOR LEWIS MORRIS. 335
they had shown themselves to have been more deserv-
ing of it, by a Sense of, and Sorrow for the Crimes
they have been guilty of. And indeed I am sorry to
find them to betray their Ignorance so much, to this
Honourable House, as to question, Whether apppear-
ing in Arms; terrifying the King's Subjects; breaking
open Goal, and rescuing the Prisoners legally commit-
ted by the Governor's Warrant; assaulting and resist-
ing the Sheriff and his Assistants, in the legal Execu-
tion of his Office, and beating and wounding them; I
say, Sir, 1 am sorry to find them so ignorant, as to
question whether this be a Misconduct or not. The
Petition goes on;
" And may all Writs and Processes against any of
us, relating to our Liberties and Properties, have a
Cessation, at least until such Time as his Majesty's
Pleasure may and can be known concerning them, &c. "
As to this. Sir, his Majesty's Pleasure is already
known, to wit. That his Courts of Justice (both of
Law and Equity) should be open for every one of his
Subjects to have Recourse to; and its the Right of the
Subject that should be so. Nulli neqabimus, Nulli
1 1 <'fc remits; Justitiam vel Rectum: We will deny to no
one, We will delay to no one, Justice or Right, is what
the King is sworn to; and that Oath he keeps by
keeping Courts open: Nor can the King himself do
what the Petitioners pray this House to do, to stay
the Proceedings of his Court. If a Title be just and
equitable (tho' not legal) there has the King appointed
his Courts of Equity to be applied to, to stop Proceed-
ings in Law, till the Equity of the Cause be deter-
mined; but that the King himself ever stopt the Course
of the Courts of Law, I believe no Instance can be
assigned, since Magna Charta, and if it could be, it
would be only proving that King to have broke thro'
hi- Coronation Oath. The Petition concludes thus;
And may it please the Honourable House, that
336 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
this our Petition be laid before his Excellency in Coun-
cil. And your Petitioners as in Duty bound shall ever
pray."
This, Sir, I shall observe upon, in my Answer to the
next Petition, because that concludes much in the
same Manner.
I have only now further to observe, that five of the
Names signed to this Petition, are the same with those
who stand indicted by the Grand Jury of Essex Coun-
ty, for breaking open Goal, and committing a very
great Riot in the Town of Newark, and against whom
the Governor's Warrant was issued; and above thirty
more of the Names signed to this Petition, are the
same with those recorded as Eioters, by the Magis-
trates of the County of Essex, as being aiding and
assisting in the second Riot at Newark, when the
King's Goal was again broke open, and the Rioters
apprehended, by Virtue of the Governor's Warrant,
rescued, and the Sheriff, Magistrates, Officers and
those assisting them in putting the Laws in Execution,
beat and abused; and these very Fellows are either
fled, or are screened from Justice by these Petitioners.
Therefore what Encouragement, Sir, this Petition
ought to receive from this Honourable House, I sub-
mit.
[On a Second Petition. ]
I must confess these Petitioners appear with a little
more Modesty; this Petition is not so abusive and
reflecting as the former; perhaps the Draftsman (for
I verily believe them, to be done by one and the same
Person) considering these Gentlemen as a Committee
or Superintendants over the rest, confined himself the
more within the Bounds of Decency and good Man-
ners; but nevertheless this Petition is a little tinctur'd
with Sedition, as I shall shew by and by; and there
are also many Absurdities and Untruths contained in
1746] ADMINISTRATION OP GOVERNOR LBWI* MORRIS. 337
it, as I hope I shall be able to make appear plainly to
this Honourable House, by my Answer to the same,
which I shall without more Delay enter upon as be-
fore, Paragraph by Paragraph. The Petition begins
Historically, viz.
"That his Majesty King Charles the Second, did, in
the Sixteenth Year of his Reign, March 12th, grant to
his Royal Highness James Duke of York, all that Part
of the Country in North America, situate even from
Nova Scotia Eastwards unto Delaware River, &c.
with Power to govern and rule the Inhabitants thereof,
by himself, or such Deputy Commissioners or Officers
as he should appoint for that Purpose. His Royal
Highness, by Commission to Richard Nicholls, Esq;
(April 2d following) constituted him his Deputy Gov-
ernor, to execute (within the above granted Territories)
all the Powers granted to himself, &c."
Situate even from Nova Scotia Eastwards unto Dele-
ware River, &c. These Bounds, Sir, (by the Petitioners
described) of the Grant to the Duke of York, shew,
That they either recite Facts upon Hearsay, or do
falsely recite them; for were the Bounds so as they
say, then would the Colonies of Massachusets or Bos-
ton, Rhode-Island and Connecticut be included in that
Grant; but the Fact is not so: For the Truth is, That
a Tract of Land, called Pemaquid, iKmnding on Nova
Scotia; is thereby granted, then Long Island, then all
the Land from Connecticut River to Delaware River.
But to go on;
"Said Nicholls (Anno lt>«4) issued Proclamation, &c.
setting forth. That the Lands should l>e purchased of
the Indians, and that no Purchaser should contract for
himself without Consent of his Associates, or Grant
from the Governor: That the Purchasers should be
free from Assessments or Rates five Years, and then
should only be liable to the publick Rates, &c. accord-
ing to the Custom of other new Planters and Settlers:
tt
338 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
And that all Lands so purchased and possessed, should
be the Purchasers and the Heirs, to dispose of as they
pleased, &c."
This Proclamation, Sir, I never saw, nor heard of
before, and if any such was, I make no doubt (if they'll
produce it) it will appear to be no less falsely recited
than the King's Grant to the Duke of York: But
what Relation those two Things have to New Jersey,
I cannot see; nor has the Petition told any Use they
were to make of them: They clearly shew either the
Falsehood or Injudiciousness of the Drawer of the Pe-
tition. However to proceed.
" That his Royal Highness gave to Lord Barclay and
Sir George Carteret the Province or Colony of New-
Jersey so called, with Power of Governance, which
caused a Supercession in the Commission and Powers
aforesaid. Lord Barclay and Sir George Carteret, by
Virtue of the Power invested in them, constituted
Philip Carteret their Governor, who (Anno 1666)
granted Licence to sundry Persons by Name and Com-
pany (under which your Petitioners claim) under his
Hand and Seal, to purchase from the Indians within
this Government, what Quantity of Land they should
think convenient, Beginning by the Bay, &c. and
thence Westivard, or in any other Places in the Pro-
vince. Pursuant to which your Petitioners Ancestors
made several Purchases, by and with the Advice and
Consent of said Governor Carteret, as is in the said
Deeds or Grants asserted; the which were taken and
acknowledged before him; the Testimony whereof he
has left under his own Hand, &c."
What Licence this is, Mr. Speaker, and to whom
granted, I am at a Loss to know, from any thing in
the Petition, seeing its not expressed, nor do they
offer to shew this Licence, if any such was, nor tell us
where it is recorded: But if any such ever was, I
think I can be bold to say it's falsely recited; Because
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 339
I am well informed there are many Licences upon
Record from Governor Carteret to purchase of the
Indians and that they all refer to the Concessions of
the Proprietors expressly, that the Persons shall com-
ply with all the Directions thereof: And I think I
dare safely challenge the Petitioners to produce any
Licence from him to purchase, without such Reference
to the Concessions; and if any such Licence be, and
it has such Reference, I submit to this House how dif-
ferent a Light it will appear in from what by this Pe-
tition it is represented: For tho' they had made pur-
chase from the Indians, it plainly appears from the
Concessions, That that was not to be their Title; but
their Title was to consist of a Warrant, Survey, and
Patent, at a Half -penny sterling per Acre; and in the
Second Concessions, in 1672, and Third Concessions,
in 1674, it's expressly forbidden, That Indian Deeds
should be taken in any other Name than the Proprie-
tors. ' The Petition Proceeds thus.
"As the Inhabitants encreased, &c. our Ancestors,
their Associates, and some of us, were constrained to
make further Compositions with the Indians, about
their Lands, who (as they were the Native Owners,
true Proprietors, and Possessors of the same) would
not permit either Survey or Settlement thereon, with-
out a precedent Purchase made thereof, &c. Accord-
1 Copy of one of Governor Carteret's Licences to
purchase of the Indians; as recorded in Lib 1, Fol. !).
WHEREAS Mr. Isaac Tenna, alias La piere, hath requested my Leave, for the pur-
chasing of n certain Tract of Land from the Indians, on the East Side of Delaware
River, within this Government, with an Intent to inhabit and plant the same; These
are therefore to permit and suffer the said Isaac to purchase the said Tract of Land
from the Indians, -Upon Condition, that he truly perform all suck Acts and things,
•••re contained in the Lords Proprietors Concessions, and to be conformable and
obedient to the Laws of this Province. Given under my Hand and Seal of the Pro-
vince, the 24th June. 160U.
PHILIP CABTKRXT.
[Other licences are named.]
340 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
ingly, (the Right to Purchase being vested in our
•Ancestors and us) sundry Purchases have been made
of the Natives, &c. by those under whom we claim,
and by some of our selves; as per sundry Grants or
Deeds, duly executed from March, 167$, to March,
1703, for sundry Tracts of Land, situate in the County
of Essex, viz. about Newark, and West of the Moun-
tains unto Passaik Eiver, and in the adjacent Parts
and Places within this Colony, as namely Acquack, so
called, Whipponung and Pefiponung, &c. may appear:
All which Lands have been by us, our -Associates or
Ancestors, fairly purchased; and a great Part of them
planted, settled and improved, for which we have paid
Rates and Taxes, as an Acknowledgement to the Cro wn,
&c. The which your Petitioners look upon as a just
Foundation of a Title to them, against those especially
who have not been at any Expence in Purchasing,
&c."
If the Petitioners Ancestors, Sir, had a Licence to
purchase, and that License had a Reference to the
Concessions, as before; yet, as the Concessions directed
what should be the Title, viz. Warrant, Survey and
Patent, and directed all Indian Deeds to be in the Pro-
prietors Name, and as the Act of Assembly, of 1683,
made it criminal to take such Deeds in any other Name
than the Proprietors, how can they say that those
Lands have been fairly purchased by their Ancestors,
from March 1678, to March 1703? For if fairly pur-
chased, by License, pursuant to the Concessions, the
Deeds are in the Proprietors Names; if not so, and
since 1683, they not only are not fairly purchased, but
Criminally; and if fairly purchased, yet no Title (ac-
cording to the Concessions) could they have, without
Warrant, Survey and Patent, at a Half-penny sterl.
per Acre, as the Concessions direct. And I make no
doubt, but that great Numbers of the Ancestors of the
Subscribers to the first Petition, have Warrants, Sur-
1746] ADMINISTRATION OP GOVERNOR LEWIS MORRIS. 341
veys and Patents, for all the Lands that they were
intitled to by the Concessions; and if they had them
not, it was their own Fault. These petitioners say
further,
"And since it appears, both by the Law of Nature
and Nations, that the Indian Natives had a Right to
and in the aforesaid Lands, and could not justly be
deprived of them, without a voluntary Agreement to
part with them; and seeing Purchases of them must
necessarily be made, in order to vest the Fee and Soil
in the Crown, consonant unto the Practice of even all
his Majesty's Subjects (or the most of them) in these
Parts of his Dominions, the which is manifest by the
Directions given by his Majesty, and Licences granted
by his Governors unto this End: And who sees not
(saving only such of whom it may be said that the
Dust of earthly Profits has put out their Eyes) how
directly and necessarily it will follow, That those ef
his Majesty's Liege Subjects, who have duly made
such Purchases, may truly be accounted and acknowl-
edged the Lawful Owners and Proprietors of the Land
so purchased. Hence therefore we having made the
Purchases, Settlements and Improvements, and paid
all due Acknowledgements as aforesaid, even for some
Scores of Years, &c. do humbly conceive ourselves
justly intitled to the quiet and peaceable Possession
and Enjoyment thereof; the Claims and Pretences of
our Adversaries notwithstanding, &c."
Upon this, Sir, I shall beg Leave to read so much of
the Proprietors Pubublication as is upon this Head.
To go on with the Petition:
"And consequently the commencing of Suits, and
carrying on such Prosecutions by our Adversaries, on
their Pretences, and under our Circumstances, your
Petitioners humbly conceive must be looked upon as
unjust, illegal and oppressive. But so it is; (not to
mention the Circumstances of this Colony, and the
342 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
Officers thereof, many of whom appear our Opponents
as being on t'other Side of the Question) notwithstand-
ing the Justice and Equity of our Right and Claim,
and the unjust and unwarrantable Pretence of the
contrary Party, divers Persons, seeking to make Gain
of our Improvements, as well as Lands, claiming by
mean Conveyances from the said Duke of York, with-
out so much as a Pretence of any Purchase having
been by them (or any others for them made, or Grants
obtained of or from the Native Owners and Proprietors,
have commenced Multiplicities of Suits against many
of us for Recovery of our Possessions and Monies,
whereby they have obtained some Possessions and
more Judgments; the Consequence of which is, and
will be, (unless a Way may be found and taken for
our Redress) the Depriving us of our Lands and Liv-
ings, which we have spent our Strength and Substance
upon, and burdening us with heavy Costs, Charges
and Expences, to the Subversion and Destruction of
our Families, with respect to the Comforts of this
Life: And in Addition to all this, threaten us further,
unless we comply with their Terms, which are (in our
Apprehension) extremely severe, &c."
In speaking to the other Petition, Mr. Speaker, I
have said, That the General Proprietors are not privy
to the Suits complained of; and as to the Suits of two
Persons who are Proprietors, I then referr'd to their
Answers on that Head, which I think are very suffi-
cient to shew they have been both kind and candid in
all their Transactions with those People, and done
nothing illegal, unjust, or oppressive; if they have, it
will lie on the Petitioners, to point it out: For the
Using the due Course of the Law to obtain what one
believes is his Right tho' it should even not prove so, I
believe was never till now deemed Illegal, Unjust or
Oppressive. As to burdening them with heavy Costs,
Charges and Expences; by those two Gentlemen's
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 343
Answers it appears, they have not been as yet put to
One Penny Costs, nor had they (as I believe) thought
of doing it. How far those People's Conduct will
oblige the Gentlemen to alter their Minds on this Head,
is what I don't know. The Petition says.
"It would even fill a Volume to enumerate all our
Grievances; may your Petitioners crave Leave to refer
you to what is inserted in Mr. Parker's Post-Boy of
Feb. 17th, and in the Petition preferr'd by our Con-
stituents, setting forth the same, in which we concur,
&c."
As to Mr. Parker's Post- Boy, Sir, I humbly conceive
the Proprietors have given a full and compleat Answer
to it, whereto I refer for Answer to that: However,
I beg leave to observe here, That this Paragraph
shews, that these Petitioners concur with the Rioters,
in every thing they have done and publish'd; and
therefore this Committee (as they are pleased to stile
themselves) are no less tinctur'd with the Spirit and
Seeds of Sedition, than their Constituents, as they call
the Rioters; notwithstanding their fair and specious
Pretences to the contrary; for by their own Expres-
sions it plainly appears, they are Aiders and Abettors
of these Riots, though perhaps they may not person-
ally appear publickly in them. They proceed thus:
"And upon the Whole, we beg Leave to observe,
That should we attempt a Composition with our Ad-
versaries or Opponents, meaning the Proprietors, there
will remain a perpetual Uncertainity who are the True
Owners and Proprietors, even by and according to
their own Scheme; not to insist upon their putting off
False Wares, (we mean) Sham Titles, bare Quit-
Claims, for Lands unappropriated, and not so much
as located, for and under a good Title to the Premises,
even such as shall be secure to the Grantees, their
Heirs and Assigns. Many Examples and Instances
we might bring as Evidences hereof; and shew, how
344 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [l746
the poor, weak, simple and ignorant Men have been
beguiled, &c. And likewise when diverse of our As-
sociates, who to quiet themselves, and prevent great
Loss, Trouble and Charge in the Law, (having none
other Refuge or Remedy) have purchased of some such
pretended Proprietors, &c. yet have been forced to
purchase again, or meet with the same Difficulty they
intended to avoid by the former Purchase; so uncer-
tain and precarious are their Rights, even among
themselves, that no certain Dependance can be had on
them, &c."
By allowing. Sir, any other than the Crown of Eng-
land and its Assigns, to be the true Owners and Pro-
prietors, a perpetual Uncertainty would evidently
follow who were the true Owners and Proprietors; and
for that Reason it was, that by the fundamental Con-
cessions, all Deeds from the Indians were to be in the
Proprietors Names; for that Reason it was, that the
Act of Assembly of 1683, made it criminal and sedi-
tious, to take Deeds from the Indians in any other
Name; and for that Reason it was, that the first Act
in our printed Book of Laws, made all Indian Deeds
void, if the Right of the Crown was not purchased in
six Months after that Act was published; so that the
Constitutions and Laws of this Province, have suffi-
ciently provided against the Uncertainty in Titles,
that the Petitioners would bring into this Colony. It
appears, Mr. Speaker, that Sedition was the natural
Effect of such Uncertainty; and therefore they by Law
appointed the Punishment of Sedition to be inflicted
on those, who should attempt to introduce such Uncer-
tainty, as Breakers of the Kings Peace, and the Peace
of the Province. As to the Proprietors putting off
false Wares, sham Titles, &c. it appears by the Pro-
prietors Publication, that this is altogether a Calumny
of them, and can be only true of Doctor Jacob Arents,
who is no Proprietor, and possibly of some other Im-
ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 345
posters among the Petitioners, pretending to be Pro-
prietors: But are the Proprietors to blame on Account
of those Pretenders ( Have not they done their Duty,
by forewarning the People of Jacob Arents, by Name,
six years ago, [See Proprietors Publication,] and of
such Pretenders ( Did not they there point out a very
easy Way to discover such Pretenders { And can they
say the Proprietors ever countenanced or approved
such Pretenders { Or that any other ever came to
their Knowledge, save only Jacob Arents ? But to go
on with the Petition;
"Wherefore we must, together with our Fellow
Men and Brethren, as Partakers with them in the like
Sufferings, humbly pray our deplorable Circumstances
may be duly weigh'd and considered, that Way may
be made by our Legislative Powers, for our Relief and
Help, even by giving, granting and confirming to us,
that which has been, and now is, or should be, the
undoubted Right and Privilege of every true English
Subject, under Oppressions and Distresses, freely and
without Let, to seek (and use all lawful Means to ob-
tain) Redress of his Wrongs and Grievances: This is
what we singly and sincerely aim at, viz. By humble
Application to his Majesty in Council, petitioning him
of his Royal Goodness, to determine for us, in such
Manner as may be most consistent with Law and
Right, &c."
As to this Prayer, Sir, I hope every English Subject
is possessed of it, viz. freely and without Let, to seek
(and -use all lawful Means to obtain) Redress of his
Wrongs and Grievances I Has not his Majesty ap-
pointed Courts of Justice, both of Law and Equity,
in this Province for that Purpose? Have not those
Courts been open for every one ( Has not his Majesty
appointed the proper Appeals to himself in his Privy
Council, from all those Courts, to redress what Errors
they may happen to commit ? And have those Courts
346 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
done any Thing to hinder the Petitioners, or any of
them of the common Course of Justice; or ever been
shut against them ? And as the Petitioners are intitled
to that Course of Justice, appointed by his Majesty in
those Courts, and in that Method; so I hope, Mr.
Speaker, the Proprietors and all other Subjects of this
Province, are in like Manner intitled; and that none
will be so bold, besides the Petitioners, to attempt the
stopping the Course of Justice in those Courts: If the
Petitioners will apply to his Majesty in the first In-
stance, without bringing their Cause before him, in
the Method he has appointed, viz. by Appeal from one
of the Courts here, has any Body hinder'd them from
taking that Course if they thought proper ? It appears
by Mr. Ogden's Letter (as I mentioned before) that he
even offered these Petitioners (the Committee) to lend
them a sufficient Sum of Money for that Purpose upon
their own Bond. This Petition concludes thus;
"'And may the Honourable House (if in your Wis-
dom it is thought expedient) lay this our humble Peti-
tion before his Excellency our Governor in Council.
And your Petitioners, as in Duty bound, shall always
pray.
John Condict, Nathaniel Wheeler,
Samuel Baldwin, Samuel Harrison,
Michael Cook, Jonathan Pierson,
Michael Vreelandt, Nathaniel Camp."
I shall be far from agreeing, Sir, that this House
should be the Petitioners Messengers, to lay these Pe-
titions before the Governor in Council, lest it should
look as an Approbation of several Things in them,
improper to be said to this House without shewing a
proper Resentment, as particularly the attributing
their Properties to have their Rise and Support from
us, which Attribute is only justly due to his Majesty,
our only Supreme Lord, George the Second, (whom
God long preserve, and keep free from all rebellions,
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 347
dangerous Riots, and tumultuous Assemblies, all which
threaten the Subversion of our Happy Constitution,
and may render us an easy Prey to our Enemies) and
all that we can do is, to enquire into and present the
Grievances of the People we represent, (when any
such really appear before us) and sue for Redress.
Upon the Whole, Mr. Speaker, by all that has been
said, 1 think it plainly appears, that the Petitioners
have sate themselves down, and taken Possession of
several Tracts of Land, without any real Right and
Title to the same: and have occupy 'd and taken the
Profits of them so long to themselves, without making
any Satisfaction to the true Owners and Proprietors
thereof, that they now begin to think in good earnest,
that they have the best Right to those Lands, and
that the true and bona fide landlord is a Cheat! and an
Impostor! And when he comes to seek for his own,
he is branded as an Invader of their Liberties and
Properties truly, and charged with unjust Molestation
and virulent Oppression : These are Regular and Sure
Steps indeed to acquire Estates! I must own, Sir, I
have been very long and tedious in this Affair, but as
there has been a great Misunderstanding and wide
Difference subsisting between the Proprietors of East
New-Jersey, and some Sort of People, I could not be
silent, and suffer such gross Absurdities, and manifest
Untruths to be imposed upon the Honourable the
Representatives of the Colony of New Jersey, without
endeavouring in the fullest and most open Manner, to
set every Circumstance in a clear Light, supported by
the Records and Matters of Fact; and I think the Peti-
tioners have offer'd neither in Support of their Pre-
tences. Wherefore, and for that this House is no
Court of Justice to examine into Titles to Lands, or
any Property in Question between his Majesty's Sub-
jects, (tho' we have Right to enquire into the Mai-
Administration of Courts of Justice, if any such were
complained of, but no such Thing appears here) I say,
348 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
for these Reasons, I humbly move, that these Petitions
may be rejected.
Yet nevertheless, Mr. Speaker, to shew that I am
entirely free from Resentment, and in Compassion to
a great Number of poor People, who may have been
seduced into the late Riots thro' their Ignorance, and
for restoring the Peace of the Colony, I further move,
that this Honourable House would be pleased to apply
to his Excellency the Governor (either by a short Ad-
dress or Message as they shall think proper) to extend
his Majesty's Mercy to those People by a general Par-
don, under such Restrictions and upon such Conditions
as to his Excellency shall deem proper.
[N. B. The great Number of &c's in these two Peti-
tions are not owing to any Omissions of the Words of
the Petitions, but to a Peculiarity in the Stile of the
Drawer: The like may be seen, in the Paper printed
in the Post-Boy of February 17th, referred to in the
last Petition, where there are 21 &c's; but these two
Petitions are still more plentifully graced with them,
as their Number amounts to 38.]
Petition to the House of Representatives by certain
of the Rioters.
I From Papers of F. J. Paris in New Jersey Historical Society Library, Vol. P., and
from P. R. O. B. T., New Jersey, Vol. 5, F. 86, Enclosure.]
To the Honourable House of Bepresentatives
of the Colonie of New Jersey convened in
General Assembly April 24^ Anno Dom:
1746.
May it please your Honnours
Whereas it is set forth by the Council of Proprietors
So called in their printed Memorial of March 25*.h 1746,
That their Basis or foundation Respecting their Titles
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 349
to the Lands Scituate in New Jersey Stands firm and
strong, And that their properties Rents, and Fran-
chises were Secured and Established to them by Con
cessions of the Crown upon their Surrendering the
Government &c: And if the fundamental Rule (as
they term it Calling it an Act of 1683 touching Indian
purchases, Stands good as an Established Law and
Act of this Province Rendring all those Criminal who
have not acted in Concert therewith, who sees not the
Advantage accruing to said Proprietors Even above
any or all others in and by the dessign on foot viz* of
Sending home to England, whence it must necessarily
follow that their regretting a matter of So great Con-
cern as for the Peace and Tr,anquility of the Country
which they allow themselves have much at heart, and
which (according to their Induction Set forth in their
print aforesaid) must needs be Detrimental to the pur-
chasers as tending to the Subversion of their Interest
and propertie in the Lands purchased by them and
rendering their Application home of no Validity) can-
not but be deemed (in men of Such Carecter and De-
stinction as many of them bear and Carry) a thing
rare and Strange if not without any precedent, But
all this notwithstanding, we your Petitioners having
humbly offered our Address to the Legislative Powers.
Do yet beg Leave further to Add That meeting with
Something Like an Offer in Mr. Ogden's Letter N? 4
in the print aforesaid, wherein is Set forth a Message
Sent to Some of the Committee (by an Unfaithful Mes-
senger Surely, or they must have heard Something of
it before) Proposing a Tryal at Law in this Province
with them in order to carry the matters in dispute to
England by an Appeal &c: And that he would Com-
mence An Action for that purpose against Such person
as they Should name &c: the which being So Agree-
able with and unto what we have had a dessign for &
desire unto, as hath been declared by our repeated
350 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
Offers, made them to that end and purpose. We shall
gladly Embrace the Opportunity to Joyn in Issue ac-
cording to the aforesaid proposall for a Tryal in a
Court of Law and do accordingly desire the Action
may be commenced and brought against Francis Speire
of horsneck so called Provided in the meantime That
all Writts & processes against us may Cease and we
with All We have by Delegation Concern in and for
may be Secure in holding their and our Rights and
Possessions Untill the Matters in Controversy shall
have a full & finall Determination, at home. Unless it
Shall please Either partie to give up. or come to Some
Composition otherways by Concessions. And may our
several Remonstrances & Petitions have their due
weight in your wise Administrations and Consulta-
tions to the end we may obtain our Rights and Privi-
ledges Unitedly & Repeatedly desired & requested)
confirmed by our Legislative Powers and your Peti-
tioners as in Duty bound Shall allways Pray.
NATHANEL WHEELER
SAM" HARRISON
JONATHAN PERSON
JOHN CONDICT
NATHANEL CAMP
SAMUEL BALDWIN
MICHEL COOKE
P. S: It is desired that the Proprietors so Called Con-
cerned in the premisses Shall come under obligation
agreeable to said Proposals and Provisos in order to
try the Action above mentioned.
351
List of Rioters in Essex County 1746.
[From Papers of James Alexander in Rutherfurd Collection. Vol. I.)
List of Rioters in Essex County Returned upon
a Record of View (on a Second Riot) filed
in the Supream Court in May term 1746:
Amos Roberts
Daniel Crane Junr
Caleb Ward
John Brown Junr
Samuel Ogden
Samuel Parkins
John Dod
Theophilus Burwell
Timothy Miaker
Elisha Lyndsley
Benjamin Perry
Josiah Lindsley
Nathaniel Ball
Nathan Baldwin
Ely Kent
Jonathan Davis Jun.r
Paul Day
Zebedee Brown
John Garner
Thomas Day Jun.r
Ephriam Cornfield
Abell Ward
Azariah Craine
Caleb Bawldwin
John Harrison
Morris Brown
Thomas Lamson
Jotham Condict
Daniel Taylor Junr
Timothy BaU
Bethune Pierson
Aaron Ball
Ldvines Vincent
John Wells
John Baker
Amos Bawldwin
Thomas Day
Isaac Vangiesin
Joseph Williams
David Bawldwin
Ebenezar Lindsley
Amos Day
Esekill Ball
Amos Harrison
N B the Circumstances of the above Riots | and of
those in 1745 and 1747] were the gathering together of
great Numbers of people Armed: Assaulting and
wounding Sheriffs and other Officers: Breaking open
County Goals: and Rescuing and Releasing prisoners,
Legally Committed.
352 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
Commission to Robert H. Morris, Lewis Johnston
and Elisha Parker — to run the line between East
and West Jersey.
[From Copy among Papers of Ferd. John Paris in New Jersey Historical Society
Library, Bundle 6, No. ;».]
GEORGE The Second by the grace of God of Great
Britain France & Ireland King Defender of The Faith
to all whom These presents shall come Greeting
Whereas by an Act of The Governor Council and As-
sembly of New Jersey Passed in the fifth Year of the
Reign of Our late Royal Father King George The
First Entitled an Act for Running and Assertaining
The Line of Partition or Division between The Eastern
and Western Divisions of The Province of New Jersey
and for preventing disputes for The future concerning
The same and for Securing to the General Proprietors
of The Soil of each of The Divisions and Persons
Claiming under Them their Several and Respective Pos-
sessions Rights and Just Claims John Hamilton, David
Lyell, George Willocks, and John Harrison Esqr.8 were
by the Said Act appointed to be Commissioners or
Managers for the Eastern Divisions of New Jersey
with The powers Mentioned in The said Act And
Whereas by the said act it is Provided that in case
any of the Commissioners or managers aforesaid
Should Die Then and in That Case The Governor for
The time being was Thereby Im powered to appoint
one in The Place of The Person So dying who by the
said Act is declared to be vested with the same powers
and subjected to the same Directions as in The said
Act is sett down to the Managers Therein Named.
And Whereas The said David Lyell, George Willocks
and John Harrisou are since Dead Now KNOW YE That
John Hamilton Esq^ President of our Council and Com-
1746] ADMINISTRATION OF GOVERNOR LEWIS MOURIS. 353
mander in Cheif of our Province of New Jersey who
by our Commission and Instructions to his Excellency
Lewis Morris Esqr late Governor of our Province of
New Jersey for the time being hath pursuant to the
said Act appointed Robert Hunter Morris Esq. Lewis
Johnston and Elisha Parker Gen' to be Commissioners
and Managers for the Eastern Division of New Jersey
in The place of The said David Lyell, George Willocks
and John Harrrison to use and Exercise all the powers
Vested in the said David Lyell, George Willocks and
John Harrison by the said Act and the said Robert
Hunter Morris Lewis Johnston and Elisha Parker here-
by accordingly appointed, In Testimony whereof we
have caused These our letters to be made Patent and
The Great Seal of our Province of New Jersey to be
hereunto Affixed Witness our trusty and well beloved
John Hamilton Esq^ President of our Councill and
Commander in Cheif of our Province of New Jersey
by and with The advice of The Council The Eleventh
day of May in the Twentieth Year of our Reign-
Read By his honours Command Recorded and Ex-
amined hy Thomas Bartovv Sectf
fitter from the East Jersey Proprietors to a Commit-
tee of the Subscribers to a Proposal sent to the
Governor.
(From Papers of Fertl. J. Paris in the New Jersey Historical Society Library. Vo
P. No. K. and from P. R. O. B. T. New Jersey Vol 5.
Perthamboy June 30th 1746.
Gen1.
The Council of Proprietors of the Eastern Division
of New Jersey, having this day had a Special meeting
to Consider Certain proposals Signed by you as a Com-
mittee for the Subscribers to a Petition of many per-
sons said to be Chiefly Inhabiting the Northern part
24
ADMINISTRATION Of GOVERNOR LEWIS MORRIS. [1?46
of this Province which on the SS1.1' of April Last were
by a message from the General assembly Sent up to
the Late Governour of this Province, have Ordered
me to Acquaint you concerning the said Proposals
That as the Lands at Horseneck were Set out, Sur-
veyed Patented & Legally Divided to particular pro-
prietors as part of their Share above forty years agoe,
They the Council of Proprietors have no Concern in
any particular Controversie concerning those Lands
unless that Controversie do Equally affect all the other
Lands of the General Proprietors, But as the pretence
by you now Started that a Title by an Indian Deed is
good against the Title of the General Proprietors which
was first vested in Sir George Carteret the first Pro-
prietor of East New Jersey; The -Council of Propri-
etors conceive that this pretence equally affects the
title of the General Proprietors assignees of S- George
Carteret to the other Lands of East New Jersey under
which all the Freeholders thereof claim & by virtue of
which East New Jersey has been possest from its first
Setlement now upwards of Eighty years, untill you
& those you claim to represent have Lately Started
the said pretence And therefore the Council of Propri-
tors think as this pretence Affects all their titles that
it is incumbent on them to be at the charge of the
Deffence against it untill it has received a Legal Deter-
mination.
The Council of Proprietors, by their Publication of
March 25th Last (which was first published by itself &
afterwards in all the three New York News Papers in
April last) thought they had given you and all reason-
able men full satisfaction that the said pretence is
vain Idle and groundless, But by the said Petitions &
your said Proposals it seems it has not proved Satis-
factory to you, and that you Still pretend your aim is
& was to have a Legal determination of your claim by
the head & Fountain of Justice, if this was really So
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 355
it Seemeth very unaccountable that you Slighted So
mauy opportunities as are Setforth in the said Publi-
cation of bringing your claim to that Test, The Coun-
cil of Proprietors being well assured that no Less than
fifteen Actions of Ejectment were brought at Sundry
times by Mess" Alexander and Morris ag- the Tenants
of the Lands at Horseneck, one of which was against
ffrancis Speire which you name, and every or any of
which Actions you might have Defended, and brought
them or any of them by Appeal before the King &
Council if you So had thought proper, but you Em-
braced none of those 15 opportunities on the contrary
you sufferred Judgment to go in every of them by
default, you neglected the Advice of Mr Ogden, to file
your bill in Equity for Stay of proceedings, on those
Judgments, you neglected applying directly to his
Majesty as you said your dessign was, & you slighted
M' Ogdens Offer of Lending you Sufficient money for
that purpose, and you neglected all other the fair offers,
made to you as by the said Publication at Large ap-
pears However Seeing by your said Proposals you now
offer to accept of Mr Ogdens last proposition of a Tryal
at Law in this Province in order to carry the matters
in dispute to England by an Appeal &? & Declare that
you shall gladly Embrace the opportunity to Join
Issue, and you desire the Action may be commenced
and brought against ffrancis Speire of horseneck, and
tho W- Ogden has no concern or interest in that Affair
now & many other reasons are obvious why offers
then made are by your Conduct since & that of those
you Claim to represent become no way now Obligatory
yet I am ordered by the Council of Proprietors to ac-
quaint you That as the Lands for which you propose
an Ejectment to be brought are part of what have
been Surveyed & Patented to particular proprietors
above forty years agoe as mentioned before, and the
Declaration upon which Judgment is already given for
356 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
the Lands in the possession of Francis Spier was Said
to be on the Demise of the Assignees or Grantees of
the Said particular proprietors to whom the said
Lands were so Surveyed and pattented, The Council of
Proprietors think it would not be so proper to direct
the bringing of any Ejectment on the Demise of the said
particular proprietors or their assigns But in order that
you may try the strength of your Claim by Indian pur-
chase against the Title of the General Proprietors they
propose if you approve thereof to bring another Action
of Ejectment on the Title of the General Proprietors
for the Lands in the possession of ffrancis Speire and
as this is no way dessigned as a Compulsary Suit but
as one requested b> you, to be brought for the purpose
before they do not send the Declaration to be served
on ffrancis Speire but to you who made the request
that you may Enter ffrancis Speire or any other per-
son you please Defendant and you have herewith a
Declaration for that purpose which is made on the
demise of Sir George Carteret the first Proprietf of
East New Jersey, & which also save the great Length
& Expeuce of Setting forth in the Special Verdict &
other proceedings necessary many mean Conveyances
under him to the present Proprietors, of which you
may See some hundreds pointed to on record by the
bill filed with Mr Bartow Shown to Mr Low & Mr Con-
dict as by the said Publication is mentioned.
I am also Ordered to Acquaint you that 011 the first
day of the next Suprearn Court at Perth amboy which
is the Second tuesday of August next Elisha Parker
Attorney for the Proprietors in the said Action will be
ready to Enter into & Sign the General Eule for join-
ing Issue in the said Action upon your Attorneys mak-
ing a Defendant, & also Entering into & Signing the
General Rule.
I am also Ordered to Acquaint you that their said
Attorney will be ready to give Security by persons of
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 357
good Estates in this Province to such persons as you
shall name by bond in Two thousand pounds or any
greater Sum to prosecute the said Suit to Effect & to
pay the Costs in case the Plaintiff in this first Action
shall be cast, discontinue or withdraw the Action, &
to prosecute Appeals here and to England to Effect in
case the Plaintiff in this first Action is Cast & to pay
the costs on the Appeals in case the Same Plaintiff be
thereon Cast, upon your giving like Security to persons
by the Proprietors Attorney to be named to pay the
Costs in Case the Deffendant in this first Action be
cast. & to prosecute Appeals here & to England to
Effect in Case the same Defend' be cast & to pay the
cost on the Appeals in Case the same Defend' be there-
on Cast, — I am Ordered also to acquaint you that for
the greater dispatch the said Attorney of the Proprie-
tors will have their part of a Special Verdict ready
drawn by the said Second Tuesday of August when its
desired that the Defendant's Attorney have the part
of the Defendant ready drawn that they may be re-
duced into one Special Verdict, which Shall Conclude
on Such particular Single points on the Titles of the
Plaintiff or Defend" as will bring or Leave the true &
real Merritts of all the material points in Controversie
between the General Proprietors and you to be finally
Determined by his Majesty in Council without regard-
ing any material Circumstances or want of proper
form that do not immediately relate to the principal
points in dispute which Special Verdict being agreed
on & Signed by the Attorneys of both sides may be
found by Consent by a Jury of the people happening
to be at Court or otherways as may be agreed on by
the s? Attorneys for the Speedyer dispatch. And
as the Council of Proprietors as well as you are re-
solved to have the Affair carried home in order to be
finally Determined by His Majesty in Council which
way soever the Judgments are given by the Supream
358 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
Court & by the Commander in Chief & Council of this
Province, and as you seem willing & desirous to have
the final Determination thereof By his Majesty &
Council as Speedily as possible — The Council of Pro-
prietors desire me in their behalf to propose to you,
that the matter be argued in the Term of August next
in the Supream Court & that Judgment be then prayd
for & whatever way Judgment goes that a Writt of
Error be imediately procured to the Commander in
Chief & Council upon which both sides shall appear
with all Speed Gratis & argue the matter there, and
that Judgment be then prayed for. and whatever way
Judgment goes there that an Appeal be made to the
King & Council pursuant to his Majesty's Royal In-
structions to be prosecuted with all dispatch on both
sides, and its hoped that that Appeal may be sent
home by the first Ships, and if prosecuted with Effect
its hoped that it may in a few months be Determined
by the King & Council to prosecute which with Effect
nothing shall be wanting on their parts—
I am also Ordered by the Council of Proprietors to
Acquaint you that they have no coerceive power over
the particular proprietors or Owners of the 13,500 acres
at horseneck, or of any other Lands particularly Laid
out Surveyed or patented, whereby to prevent Stop or
hinder them from Issuing any Writts or Processess or
commencing any Actions relating to Such Lands — and
therefore it would be Unreasonable to Expect or desire
that the Council of Proprietors Should Enter into any
Engagement Agreement or promise on that head—
However I am Ordered to acquaint you by Mess" Alex-
ander & Morris the present Owners of the said 13,500
Acres at horseneck that they Shall be ready at Perth
amboy on the said Second Tuesday of August next to
give Bond with Sufficient Security in Sums propor-
tionable to the value of the particular Plantations that
jn case a. Special Verdict Shall be agreed upon
1746] ADMINISTRATION OP OOVERNOR LEWIS MORRIS. 359
found in the said Action of Ejectment on the demise
of Sir George Carteret against the Said Francis Speire
or any other person by you named & Judgment be
given in the Supream Court & a Writt of Error be
brought before the Commander In Chief & Council of
this Province, and after Judgment given there An Ap-
peal be brought thereon Before his Majesty in Council
in Great Britain pursuant to the proposals hereby
made to you by the Council of Proprietors, that they
said Mess1".8 Alexander & Morris will not prosecute the
Executions of their said fifteen Judgments, for the
term of three years or untill the Said Appeal be Deter-
mined by his Majesty & Council whichsoever Shall
first happen, which Determination they conceive may
Easily be had in much Less time than three years if
you Shall do your Endeavours to have it so. but if
three years is conceived too Short a time they have no
objection to any Longer reasonable time Provided that
you or the possessors of the Lands recovered by the
said fifteen Judgments do on the said Second tuesday
in August give them Bonds with Sufficient Securitys
in sums proportionable to the value of the particular
plantations that they will not during the said Stay of
Execution Comitt Waste on the respective Lands they
are possest of. they mean by Waste that they Shajl
Cutt no Timber for Sale & only so much Timber as
Shall be necessary for the Use of the Plantations re-
spectively. And after the said term of years or Deter-
mination of the said Appeal, if the Defend1 Francis
Speire or other person by you named be therein Cast
pay the said Alexander & Morris the Damages they
have suffered or Shall Suffer by detaining from them
the possession of the said Lands & by Waste thereon
committed if any be which Uamages are to be Asscer-
tained by Agreement or Arbitration or by Tryals by
Jurys in proper Actions to be brought for them, to
which Actions the Obligors are to bind themselves that
300 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
the Defendents Shall Enter Appearances and Consent
that the Tryals be had by Juries of the Western Divi-
sion of New Jersey.
I am also Ordered to Acquaint you that as to the
Remainder of the Tenants of the said 13,500 acres the
said Alexander & Morris will then be ready to give
them Bonds with Sufficient Security that during the
S? time or the Dependence of the said suit as aforesaid
they will prosecute no writts or processes against them
Provided that you or those other Tenants do then give
them Bonds with Sufficient Security to Committ no
waste, & to pay them their damages as aforesaid,
I am also Ordered by the Council of Proprietors to
Acquaint you that they doubt not upon any of the
Petitioners Application to any other particular Pro-
prietor to whom the Lands they are possest of have
been Legally set out & Divided, & giving Bond with
Security as aforesaid, Such particular propriet™ will in
like manner give Bond to Stay Writts and processes
against the persons So giving Security during the time
aforesaid.
I am also Ordered to Acquaint you that its the full
intention of the Council of Proprietors to Comply with
every thing in their power thats reasonable in your
Said Proposals & if this does any way fall Short of
that, its with no Design to do so, and if you or your
Attorney Shall point it out, or any thing unreasonable
or Deficient in this Proposal or that any of the times
here proposed are too short, it shall readily be reme-
dyed and Supplyd by their Attorney.
I am also Ordered to Acquaint you that to prevent
mistakes or misrepresentations. The Council of Pro-
prietors desire that all Transactions between your &
their Attorneys & persons appearing to give Security
muttually be reduced to writing and that nothing Shall
be pretended by either Side to have been said done or
transacted but what is so reduced to writting & copy
of it Signed Witnessed & Delivered to the other side
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 361
before the parties do depart, & its proposed the parties
Shall not depart till all Copies of that kind whereof
Notice is to be given them be delivered.
I am Your humble Serv1
LAUB SMYTH Clerk
To Nathaniel Wheeler
Sam! Harrison
Jonathan Person
John Cunditt
Nathanel Camp
Samuel Baldwin
Michel Cooke
[Oath of Elisha Parker followed testifying to his
having served copies of this communication upon the
parties interested 17th July 17-46.]
Order in Council upon the, Petition of Richard Part-
ridge, Agent for New Jersey, requesting that the
King should authorize the Governor, to give his
consent to a Bill providing for the emission of
£40,000 I'M Bills of Credit.
IProin P. R. O. B. T., New Jersey, Vol. V, F TO.J
At the Council Chamber Whitehall the 71!1 of
August 1740.
Present
The Lords of His Majestys most Honourable
Privy Council
Upon reading this day at the Board the humble
Petition of Richard Partridge Agent for the Colony of
New Jersey in America Setting forth amongst other
things that the said Colony is greatly distressed for
want of a further Supply of Bills of Credit which the
late .Governor Moms by the Royal Instructions was
prohibited from Emitting without the Royal Licence,
362 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
That now in time of War the said Colony is destitute
of a sufficient Supply of Arras Ammunition &c? for
their Defence against the Common Enemy and cannot
readily raise the Money for purchasing the same with-
out a further Emission of Paper Currency as well as
for the payment of divers other Publick Emergencies
for support of the said Government, That it would be
greatly for the Service of His Majesty as also of the
said Province if leave were granted to the Governor to
give his Assent to the passing a Bill for the Emitting
the Sum of Forty thousand pounds in Publick Bills of
Credit on Condition that the Value of the Bills to be
Emitted be agreeable to An Act of Parliament made in
the Sixth Year of the Eeign of the late Queen Anne for
ascertaining the Eates of Foreign Coins in her Majes-
tys Plantations in America The Petitioner therefore
prays that his Majesty would be graciously pleased to
grant an Order of leave to the said Governor or Com-
mander in Chief for the time being to give his Assent
to the passing An Act for Emitting the said Sum of
Forty thousand pounds in Paper Bills of Credit — It is
Ordered in Council that the said Petition (a Copy
whereof is hereunto annexed) Be and it is hereby re-
ferred to the Lords Commissioners for Trade and
Plantations to consider the same and Report their
Opinion thereupon to His Majesty at this Board.—
W. SHARPE.
To GEORGE THE SECOND KING OF GREAT BRIT-
AIN &CA in Council.
The Humble Petition of Richard Partridge
Agent for the Colony of New Jersey in
America.
Sheweth
That the said Colony of New Jersey contains a con-
siderable Body of People who depend very much on
Trade and Commerce and are industriously engaged in
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 363
clearing their Lands of the Woods and in making and
Settling New Plantations, have consequently an abso-
lute occasion for a Medium of Trade to carry on their
Affairs without which they cannot comfortably sub-
sist, and but very little Silver is passing amongst them
which in those American Plantations is constantly
bought up as Merchandize and Shipt home to Great
Britain in Returns for goods and British Manufactures
imported there and therefore Their Legislature have
formerly issued certain Quantitys of Paper Bills of
Credit to Answer the end of Money to be called in and
Destroyed at certain limited Periods of time on a very
good and sufficient Fund as a Security for it—
That now the said Periods of Time are almost all ex-
pired and the rest near expiring as fixed by the said
last Act for that purpose passed the l&* August 1733
for Sixteen Years.
That the said Colony is greatly distressed for want
of a further Supply of Bills of Credit which the late
Governor Morris by the Royal Instructions was pro-
hibited from suffering to be Emitted without the Royal
Licence.
That now in time of War the said Colony are desti-
tute of a sufficient Supply of Arms Ammunition &c?
for their Defence against the Common Enemy and
cannot readily raise the Money for purchasing the
same without a further Emission of Paper Currency
as well as for the payment of diverse other Publick
Emergencies for Support of the said Government and
more particularly for the raising of Men now required
on the present intended Expedition in America.
That in asmuch as the King has been pleased to
appoint Jonathan Belcher fisq' Governor of the said
Province in the room of Lewis Morris Esq- deceased
and his Commission and Instructions for the Govern-
ment (are as the Petitioner is informed) now making
out, it would be greatly to the Service of the King as
364 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
also to the said Province if an Instruction of leave
were added to the said Governor Belchers Instructions
That he might for the present Emergencys of the said
Province give his Assent to the passing a Bill for the
Sum of Forty thousand pounds in Publick Bills of
Credit, on Condition that the Value of the Bills to be
Emitted be agreable to an Act of Parliament made in
the Sixth Year of the Reign of the late Queen Anne
for ascertaining the Rates of Foreign Coins in Her Maj-
estys Plantations in America and for preventing any
after loss or Discount on the Bills issued by such An
Act, it is proposed
That the Treasurer of the said Province for the time
being shall be obliged to give Gold or Silver in Exchange
for the said Bills agreable to the Rates expressed in
them, and for the want of Silver or Gold in the Treas-
ury, the Treasurer to pay to the possessors of the said
Bills such difference as may have happened in the
Price of Silver or Gold from the time of passing of the
said Act to such time or times as any of the Possessors
of the said Bills shall please to demand the same or
otherwise that the said Governor do give his Assent
for passing a Bill for Emitting the said Sum of Forty
Thousand Pounds in Bills of Credit to some other Bill
of the like Kind or import if he shall judge it neces-
sary for the Publick Service.
That the Royal Licence hath been lately obtained for
the Kings Governors of the Provinces of the Massa-
chusetts Bay and New Hampshire for Emitting large
Sums in Paper Bills of Credit without their making
such substantial Provisions for ascertaining the value
of their Bills to be emitted as is proposed to be done by
this Act.
That the Petitioner would humbly hope for the
Royal Favour herein the rather for that the said Col-
ony have actually generously raised and granted a
Supply of Provisions lately to the Value of Two thou-
1746] ADMINISTRATION OF GOVERNOR LEWIS MORRIS. 365
sand Pounds for Cape Breton and which has been ar-
rived there towards the Support of the Garrison on
that Island without ever making any Demand for re-
payment of the same.
For these reasons therefore the Petitioner in behalf
of the said Colony most humbly prays that the King
would be graciously pleased to grant an Order of leave
to his said Governor or to the Commander in Chief for
the time being for giving his Assent to the passing An
Act for Emitting the said Sum of Forty Thousand
pounds in Paper Bills of Credit as aforesaid
All which is humblv submitted
Notice of Nathaniel Wheeler and others to the Pro-
prietors of East Jersey— stating their willingness
to appear in Court. c£c., to test their rights.
I From Copy In Alexander Papers, Vol. I, No. 8, and from P. R. O. B. T. New Jersey
Volume V. |
New York August II*!1
We find in what is Set forth by order of the Coun-
cil of Proprietors So Called of June 30'?' Last Past,
That theay purpose to Stand in Defence of their Right
to the Lands in Controversie as Assigns of S' George
Carteret Against what theay Please to Call a Vain Idle
and Groundless Pretence of Title by an Indian Deed
&c Theay Say theay Considered the Proposals signed
by us as a Committee &c the Purport of which was
our Complyance with that Perticular Offer a proposal
said to have been Sent Us by M- Ogden, Namely this,
To have a Tryal att Law in this Province in Order to
Carry the Matters in Dispute to England by an Appeal
366 ADMINISTRATION OF GOVERNOR LEWIS MORRIS. [1746
from a Court of Law, This we Cloased with in Consid-
eration all processes Might Ceas Untill the Matter
Might be Accomodated, and whereas it is Pretended
we Slighted offers and opportunities of and for having
a Legal Determination of our Cause by the head and
fountain of Justice and bringing our Claims to that
Test & as it is Set forth in the Publication of March
25th And in this Last, Thrown at us, Where Menshon
is Made of 15 Actions of Ejectm' and Appeal from
them or Any of them, Did we Not Repeatedly offer if
Theay Would take 1 : 2 or 3 Act- &c we would Gladly
have the Opportunity of Answering in the Paw, in
Case Appeal Might be had if Ocation offer'd, the which
was Rejected by our Opponants We are Not Concerned
to Dispute, the Title of the Assigns of Sr George Car-
teret Unto all the Lands of or in East New Jersey So
Called, Nor Any other in the Province Saving Such,
as we have Concern in, and for, Not Knowing what
Purchases theay or Some of them May have Made of
Lands in Other Places. But. we Suppose the Dispute
Depending is whether the Natives or Indians had a
Legal Right or Not. This is one Thing we Eye as a
foundation which if overthrown The Super Structer
Canot Stand Agreeable to that old Unalterable Posi-
tion, Nil dat quod noti habet, But as we are no Law-
yers and Consequently under Greatest Disadvantages
In our Own Persons to Meet our Learned Opponents
in a Court of Law, according to the Rules and Meath-
ords there prescribed and Prosecuted, And as we hear
and Believe, having Sent two of Our Number forth in
quest of an Attorney to Ingage and Act for Us in
Concert with their Last Publication, if it Might
Thought proper, without Success, all the several At-
torneys or Practitioners in the Law of Note both in
this and the two Neighbouring Provinces are Ingaged
by Interest or fee, on our Opponants Side, which has
Rendred the process, proposed on Such a Suddain, on
17415] ADMINISTRATION OP PRESIDENT HAMILTON. 36?
our Side Impracticable, However in Nothing Receed-
iiig from what we have offered and complyed with, or
what our Opponents have Published, Consonant there-
unto We Resolve, God Willing to make Ready against
the next Term, if they will Please to Release An At-
torney, there Being one by fee Ingaged who if Set at
Liberty we trust would Undertake on our Side and
Part, or if Any Such be to be had, otherways we shall
Comitt our Cause to Such as we can find to Speak
thereunto, In answer to our opponents if it may be
Permitted, I"1 Mean time as we Regrett the work
Mentioned, By Cuting of Timber &c as Much as them-
selves, So we shall Endeavour to Stop all Such Pro-
ceedings, And Rest their Humble SerV
Transcribed by Order of the Committee &c
SAM.L HARRISON NATH? WHEELER
NATH.L CAMP JONATHAN PEIRSON
MIKEL COOK JOHN CONDIT
MICHAEL VREELAND SAM?- BALDWIN
JOHN Low.
Minutes of the Council of New Jersey, June 4th, 18//J,
and IMh, 1746.
[From Papers of F. J. Paris In Historical Society Library, Vol. P, No. 15.]
At a Council held at Perth Amboy in the Prov-
ince of New Jersey the 4th Day of June,
1746.-
PRESENT
The HonWe John Hamilton Esqr President
James Alexander j Edward Antill i
Robert Hunter Morris j James Hude j ^^"
The President Informed the Board of the Death of
his Late Excellency Lewis Morris Esq' Late Governor
368 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
of this Province1 and that he had the Seals, the In-
structions and other Papers Relating to the Public
Affairs of this Province.
Then the President Took the Oaths appointed by
Law the Oath for well & truely Executeing the
Office of President of His Majesty's Council & Com-
mander in Chief of this Province, the Oath for the due
Observation of the Laws of 'Trade & Plantations And
also the Oath for duely Executing the Office of Chan-
cellor & Keeper of the Great Seal of this Province.
It is the Opinion and Advice of this Board that the
President do Issue a Proclamation for Continueing all
Officers Civil and Military in the Exercise of their Re-
spective Offices and Places till further Orders. Ordered
that the Clerk Prepare a Proclamation accordingly
The President Communicated to the Board a Letter
from the Duke of New Castle His Majesty's Principal
Secretary of State to his Late Excellency bearing date
at Whitehall April 9th, 1746, Signifying his Majesty's
Pleasure that this Colony should Raise a Number of
Men to be Employed in His Majesty's Service in
America. Also a Letter from His Excellency Govern-
our Shirley to his S'1 Late Excellency bearing date at
Boston, May 27th, 1 746 and also a Letter to the Presi-
dent from His Excellency Governour Clinton bearing
Date at New York May 31 st, 1746, upon the Subject of
the intended Expedition
Upon which the President desired the Advice of this
Board. The Board takeing the Same into Considera-
tion are Unanimously of Opinion that it will be neces-
sary the President should Meet the General Assembly
as soon as Possible, and as the President is unable to
Travel from Home, the Board Advises that the Gen-
1 GOVERNOR MORRIS died May 21st, 1746, at Trenton, after an illness of some weeks.
His remains left Trenton on the 26th on their way to Morrisania, N. Y., where they
were deposited in the family vault. The pall-bearers were Andrew Johnston,
James Hude, Peter Kemble, Thomas Leonard, Philip French, Daniel Coxe, Philip
Kearney and Charles Read. The funeral services were performed on the 27th.— ED.
174C] ADMINISTRATION OF PRESIDENT HAMILTON. 369
eral Assembly now Sitting at Trenton be Prorogued to
Wednesday next then to Meet at this Place And that
Expresses be Sent to the Members to Require their At-
tendance accordingly, and His Honour was Pleased
to Issue a Prorogation for tliat Purpose
And the Board do farther Advise that his Honour
the President Issue a Proclamation for Laying an Em-
bargo on all Vessels in this Province for the Space of
one Month unless his Order in Council shall be first
Obtained for the Sailing of any Vessel.
Ordered that a Proclamation be Prepared accord-
ingly. * * * *
At a Council held at Perth Amboy June 18
1746.
PRESENT
The Honbl? John Hamilton Esq!" President
John Reading "I Eichard Smith
James Alexander >- Robert Hunter Morris
John Rodman J James Hude
The President Communicated a Letter to the Coun-
cil from Govr Clinton dated June 1 ('»'!' Ins* Informing
him with his Intention of Going to Albany in Order to
Engage the Six Nations of Indians to take Part in the
present Expedition agreeable to His Majestys Orders to
him for that Purpose & Desiring the President to En-
deavour to Send all the fighting Indians to Albany to
Join the Six Nations on this Occasion, On which he
Desired the Advice of this Board.
The Board Unanimously Advised his Honour to Lay
before the House of Assembly such Parts of Governor
Clinton's Letter as Related to the Engageing the In-
dians to Take Part in this Expedition.
85
370 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
[Under date of Aug. 30th President Hamilton laid
before the Board a letter from Gov. Clinton, inform-
ing him that the Six Nations of Indians, had declared
war against the French, and had engaged to send all
their fighting men on the contemplated expedition
against Canada.]
At a Council held at Perth Amboy June 19th,
1746.
PRESENT
The Honble John Hamilton Esqf President.
John Reading I Richard Smith j
James Alexander I Robert H Morris
John Rodman i James Hude
' T TT J ^
His Honour the President Laid before this Board a
Message he Receiv'd from the Assembly in the follow-
ing Words.—
Ordered that Mr Cooper & Mr Fisher do Wait on his
Honour and Acquaint him that the House has Gott
the Business in a good forwardness which was Recom-
mended in his Speech and as he was Pleased to Inti-
mate that he would Inform the House by Messages of
any other Affairs he had to Recommend to them,
they now desire his Honour will be Pleased to Recom
mend what other Business he thinks necessary to be
done at this Time that the House may Proceed the rein
as They shall have ^eisure. Their private affairs Re-
quiring that They should make the utmost Despatch.
Upon which he was Pleased to Ask the Opinion and
Advice of the Board which was proper to be done, And
the Board taking into their Consideration the many
Things necessary to be done at this Time in order to Pre
pare for the intended Expedition against Canada and
174GJ ADMINISTRATION OF PRESIDENT HAMILTON. 371
the Dangerous Consequences that might Attend any the
Least Delay, were Unanimously of Opinion that no
other Business ought to be Entred upon till the Legis-
lature had Gone through the Business his Honour had
Recommended to Them, at the Opening of the Sessions
Relateing to the intended Expedition. And when that
was over His Honour might Grant Them a short Re-
cess till after Harvest and Advised his Honour to Send
a Message to that Purpose to the House of Assembly
Minutes of the Council of New Jersey, Augiust 13M,
1746.
[From Papers of F. J. Paris in the New Jersey Historical Society Library,
Volume I. No. 16.]
At a Council held at Perth Amboy, August
13th, 1746.
PRESENT
The Honble John Hamilton Esqf President
James Alexander Robert Hunter ( ^ , „
Morris Edward Antill \
His Honour the President Acquainted this Board
that he had Desired their Meeting to Inform them that
Edward Hart had by his Wan-ant Raised one hundred
Men for the Expedition against Canada and had
brought Them to this Place on Thursday Last, That
as the 500 Men which the Assembly had Agreed to
Provide for were before Raised And that he was at a
Loss* what to Resolve Concerning the si Company so
Raised by Edward Hart & Desired the Advice of this
Board thereon, Whereupon this Board haveing ma-
turely Considered of the Matter Advised his Honour
the President to send the si Edward Hart to His Ex-
372 ADMINISTRATION OF PRESIDENT HAMILTON. [3746
cellency the Governour of New York at Albany with
a Letter to the Purpose following Viz*
[The letter gives the facts of the case — that the
whole number of 500 authorized by the Assembly had
been raised — that the 100 men raised by the bearer
Edward Hart were by far the most likely and able-
bodied Men that had been raised — but that there was
no probability that the Assembly of the Province
would consent to provide for them — it was thought ad-
visable to send him to Albany to offer them to the
Governour of New York. It was hoped they would
be accepted, and the bounty of six pounds pr man
authorized by the Assembly of New York be paid to
them. The letter closes as follows: "As the Bearer had
Expended most of his Estate in the Raising and Sub-
sisting these Men, till he brought them hither & then
Declared his Inability Longer to Subsist Them. I have
Adventured for the Publick Service to Order some of
the money Advanced by this Province for his Majesty
for Supplying, Cloathing & Arms &c to be Applyed
for the Subsistence of the Men & shall do so for ten
days or a fortnight Longer in Order to keep the Men
together till Hart's Eeturn from your Excellency which
I hope may be Allowed of by His Majesty or General
S'Clair, along with the Money Advanced for Cloath-
ing & Arms, And doubt not your Excellency will Join
in Recommending the Allowance of that Sum, as his
Majesty's service is the only Motive for that Expence."]
'The President Communicated a Letter from some of
the Gentlemen of the Council of New York to whose
Care and Direction His Excellency Gov.r Clinton had
Recommended the Peace and safety of the City and
1 The minutes from this point to the * on a subsequent page are as found in N. Y.
C'ol. MSS. Vol. LXXV, page 77.
1740] ADMINISTRATION OF PRESIDENT HAMILTON'. 373
Lower Parts of the Province of New York during
his stay at Albany Requesting His Honour that
for the more Speedy Intelligence & Spreading the
Alarme of an Invasion there might be Erected a Bea-
con on the Highlands of Neversinks, and also that his
Honour would Direct the Regiments of the County's
of Essex & Bergen to Repair to the Assistance of the
City of New York in Case of an Alarm. And His Ex-
cellency the Late Governour of this Province having
some Time before his Death Issued a Proclamation
Where he ordered watches to be stationed in Sev-
eral Parts of the County of Monmouth along the Sea
Coast. And the Board being Informed that John Little
Esqr Lieutenr Colir and John Redford Esqr Major of
the Regiment of the County of Monmouth were in
Town Requested their Attendance and Information
how far the Orders in the said Proclamation Relating
to the County of Monmouth had been Com ply ed with
Who Attending accordingly Informed His Honour &
the Board that Pursuant to the said Proclamation on
the 2sth & 30th Days of April Last Watches were Sta-
tioned at Squan, Deal and the Highlands of Neversink
all upon the Sea Coast, and that these Watches have
been from Time to Time Relieved and are at present
Supplyd from the Regiment of Foot of County of
Monmouth, that the Instructions given to these
Watches are to give Notice to the next Commanding
officers who have orders upon such Notice to Call
together their Companys and to send forward the
Alarme to the Commanding Officer of the County.
Whereupon this Board Advised His Honour the
President to Issue his Order to the Collonel of the
Militia of Monmouth County to the Purpose follow-
ing viz*
Slr
I am this day advis'd by His Majesty's Council that
it will be for the Security not only of this Province
374 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
but also of the City and Province of New York that a
proper Beacon be Sett up and Erected upon the most
Convenient Part of the Highlands of Neversinks in
Order to Give the Erlyest Alarm of the Approach of
an Enemy, And Do therefore in Pursuance of the sd
Advice Order that a proper Beacon be Erected upon
the Said Highlands of Neversinks in such Place & in
such manner as You shall think most proper. And I
Do hereby further Order and Direct that You Give or
Cause to be Given Orders to the Severall Persons who
shall be appointed to Keep Watch near the said Beacon
when Erected that They do not Presume to Sett fire to
the said Beacon or Suffer any Person to Sett Fire to it
without Your Order or the Order of oiie of the Field
Officers of the Eegiment under Your Command or the
order of Richard Saltar, Nathaniel Leonard or Robert
Hartshojne or of any one of you or them, but upon
the approach of Six Ships or more, the Person then on
the Watch is immediately to apply to some one of the
Persons above mentioned, who upon such application
is Requested to Proceed to the said Beacon and If he
Judges, the sd Ships to be Enemys he is then to order
the said Beacon to be fired and is to send Immediate
Notice to You or to one of the Field Officers of the Regi-
ment of the s'1 County who is hereby Required upon
Receipt of such Intelligence to Send Notice thereof to
Me or to the Commander in Chief of the Province for
the time being — I am, &c.
This Board further Advis'd his Honor the President
to Give Orders to the Collonel of the Regiments of
Bergen & Essex to the following Purpose Vizi-
s''
It has been Represented to Me by the Gentlemen of
His Majesty's Council for the Province of New York
to whose Care His Excellency the Governour of that
Province has Recommended the Safety of the City and
1746J ADMINISTRATION OF PRESIDENT HAMILTON. 375
Lower Parts of the Province of New York during his
Absence at Albany. That in Case of an Attack upon
the City of New York they would stand greatly in
need of assistance from this Province which Repre-
sentation being laid before His Majesty's Council for
this Province they Unanimously Advis'd me to Issue
Orders to the Regiments of Bergen & Essex that they
should in case of Alarm Proceed to the Assistance of
our Neighbours of New York I Do therefore by & with
the Advice of His Majesties Council Order and Require
You that upon Application from the Govr or Com-
mander in Chief of the Province of New York for the
Time being or uppon Application from His Majesties
Councill for that Province You do forthwith and with-
out further Orders Call together and March the Regi-
ments of Foot under Your Command or Order such
Detachments as shall be Judged necessary to the most
Convenient place for transporting them into the Pro-
vince of New York and when there You are to Obey
such Orders as shall be Given You by the Commander
in Chief of that Province, or by his Majesties Council
of that Province, untill You Returne into this Govern-
ment—I am &c—
This Board further advis'd His Honour that he
would be Pleased to write to the Gentlemen of the
Councill of New York who wrote to him, with a Copy
of the Proceeding Minutes.*
Mr Edward Hart Represented to his Honour the
President his Inability of Longer Supporting the Com-
pany Raised by him & that They must out of Neces-
sity Disperse, unless His Honour will be Pleased to
Advance a Sum of money for their Subsistence, which
being Communicated to this Board, They are of Opin-
ion that his Honour may Draw 'an Order on the Com-
missioners for that Purpose, which he does in the
Words following
376 ADMINISTRATION OF PRESIDENT HAMILTON. 6
[The Letter follows, ending "I do therefore in Pur-
suance of the sd Advice Order that You Pay to the
Commanding Officer of s'1^ Company for the Use of sd
Company the_Sum of Ten Pounds proclamation Money
& to the s(1 Commanding Officer for the Subsistence of
the s(I Company 9s per Man per Day. till the 27l-b Inst:
inclusive or untill the sd Edward Hart's Return from
Albany, which ever shall first happen And for so Do-
ing this shall be your Warrant, Given under my hand
& Seal this 13^ day of August 1746.
JOHN HAMILTON."]
-* -::• •::- * * -x- •;•:- « *
The Board also Advised his Honour to Issue his
Orders to the Captains of the Several Company's
Raised in this Province to hold themselves & their
Company's in Readyness to March to the Place ap-
pointed by His Honour for their Embarkation to the
Place of General Rendezvous Upon the first Notice
they shall Receive from His Honour
Proceedings of the Council of New Jersey, September
, 1746.
[From Papers of Ferdinand John Paris in New Jersey Historical Society Library .
Book P, No. 15. |
PRESENT
The Honb.le John Hamilton Esqf President
Kobert Hunter Morris ) James Hude
Edward Antill f John Coxe
Esq1?
His Honour acquainted the Board that Agreeable to
the Advice of the Council Given on the 22d. of August
Last for bhe immediate Embarkation of the Company
Raised in this Province, He had Issued Orders to the
746] ADMINISTRATION OF PRESIDENT HAMILTON. 377
Commissioners appointed for Arming & Cloathing the
Troops to Supply them with the Several Necessary s
Provided pursuant to Orders he had formerly Given
And also to the Commissioners Appointed to Victual
& Transport the Troops to Prepare proper Vessels for
that Purpose & Ship the Provisions Supplied by this
Province for the Use of the Troops, And being In-
formed by the Several Commissioners that the Trans-
ports, Provisions, Arms, Cloathmg, Battows &c the
Necessarys were ready. He gave Orders to the Several
Captains of the Companys Raised in this Province
immediately to Embarke with the Respective Com-
panys under their Command & Proceed to Albany in
the Province of New York & when There, to obey
such Orders as they should Receive from the Com-
mander in Chief of that Province for the Time being,
and a Sett of Instructions for their better Government
in the Embarkation and Transportation of their Com-
pany[s] to Albany—
His Honour was also Pleased to Inform the Board
that agreeable to the Orders he had Given, four of the
five Companys Raised in this Province were Embarked
at this Place on the 21 of this Inst. with the Arms, Am-
munition, Provisions, Battows & other Necessarys &
Sett Sail for Albany on the third day of this Inst. And
that the other Company was Embarked at Newark on
the 30l.h of August Last with the Several Necessarys
and Sett Sail on the 1" of this Inst. for Albany-
He also Informed the Board that by Letter from his
Exellency Govr Clinton Dated the 19^ Inst. He had
Received Intelligence that the Troops at Albany were
to be Joyn'd by 2500. Men from the Governments of
Boston and Connecticut & were then to Proceed under
the Command of Gen! Waldo to Crown Point. Upon
which he Observ'd to the Board that the five Com-
panys Sent from this Province had no Field Officer to
Command Them & that he had not Receiv'd any Com-
378 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
missions from his Majesty for that Purpose & Desired
the Advice of the Board what to Do on this Occasion.
Who Takeing the same into their Consideration are
Unanimously of Opinion that it will be greatly Preju-
dicial to his Majesty's Service to Suffer the Troops
Raised in this Province to Go upon Duty without some
Field Officer or Person to have the Chief Command of
them under Gen? Gooch or such other General as shall
be Appointed to Command, And therefore Advised his
Honour to Issue a Commission to some proper Person
by Virtue of the Powers Devolved on him by His
Majesty's Commission under the Great Seal of Great
Britain, Appointing such Person Colonel of the
Forces Eaised in this Province for the intended Expe-
dition and Unanimously Recommended to his Honour
Peter Schuyler Esq.r a Gentlem" well known to the
Several Members of this Board, of good Estate & Rep-
utation & very proper to by him Commissionated for
that Purpose.
This Board being Inform'd that one of the Beacons
Erected on the Highlands of Neversink by the Order
of his Honour the President agreable to their Advice
to him on the IB1!1 of August Last, had been by Acci-
dent Lately Sett on Fire in the Night Time & also that
no Notice had been Taken of it by the Persons Ap-
pointed in the Government of New York to Take &
Communicate such Alarm, Whereupon they Unani-
mously Advise his Honour the President to Inform
the Gent, of His Majesty's Council of that Province of
the Neglect of the Watch Stationed There, in Order
that They may Take such Steps as will Prevent the
Like for the Future.
1746J ADMINISTRATION OF PRESIDENT HAMILTON. 379
fatter from President John Hamilton to the Council
of New York — relatiny to the destruction of the
Beacon on the Highlands of Never sink.
[From N. Y. Col. MSB.. Vol. LXXV, page 91.J
Perth Amboy September 27e.h 1746.
Gentlemen —
I think it ray Duty as well in Regard To His Majes-
ty and the Trust Reposed in me, as to the Security
and well Being of the Province the Lower Part of
which is at this Time more Immediately Committed
to Your Care, To Acquaint You that by undoubted
Information I am Satisfied that the Beacon sometime
ago Erected on the Highlands of Neversink was by
pure Accident Sett on fire not long Since in the Night,
at a Time when it might very well have been Discov-
ered by the Persons Appointed in your Government
to Take and Communicate such an Alarm Noth with-
standing which no Notice was Taken of it, This to me
makes it more than Probable that the Watch ap-
pointed in your Government on this Particular Ser-
vice have been too Negligent in their Duty and how-
ever Lucky it may be thought that Your Province
has Escaped a false Alarm, Yet I make no Doubt but
that You are of Opinion with Me that an Alarm from
[any] Quarter when Rightly Given must be of the
Utmost Importance and therefore hope you will for
Our Mutual Security take such Steps in Regard to your
Watcher, as will Effectually Prevent the Like Neglect
for the Future I am Gentlemen
Your most Obedient Humble Servant
JOHH HAMILTON.
The Honbl" His Majesty's Council of New York.
380 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
Letter from Captain Joseph Espinosa to Governor
Clinton of New York.
[From N. Y. Col. MSS.. Vol. LXXV, p, 104.]
New York Novembf ye 5th 1746
sr
Your Excellency will pardon Me to take the Liberty
to trouble You on this Day Its not in Regard to My-
self Nor My Interest but Intirely on account of What
May happen hereafter to the prisoners at the Havanah
who I am affraid May Suffer on Account of my peo-
ple being treated In the Manner they are at Amboyby
being Confined Every Night In Goale Occasioned by
my being Carried In there by Cap1 Easom who Not
regarding Your Excellencys pasport but Told me he
had a better then that of Your Excellency by which
means he Carried me to Amboy taking Your Excel-
lencys Letters & whatever papers Letters I had & my
wearing Apparell Excepting what I had on till after
were prevailed on to give Me a Little Linnen, I know
nothing I have been Guilty of In taking anything on
board My Vesselle but what was Publick & Submitt
My Selfe to the Laws of the Government In wch I was
Taken out of & am assured Your Excellency will when
properly Comes before You Do me all the Justice My
Case Requires which I beg May be Done as Soon as
Your Lasure will permit Considering My peoples
Nakidness & the heavy Charge I am at not only In
regard to them but the prisoners of Warr I had on
board that are now upon my Expence as I must sup-
pose without am Redrest by the Laws of Your Coun-
try I have Severall transactions to Relate to Your
Excellency wc.h will be two tedious for Your Excel-
1746] ADMINISTRATION OF PRESIDENT HAMILTON. 381
lency to have here Incerted till Am on Oath So Shall
Conclude & till Your Excellency appoints me a hear-
ing & am with the Greatest Respect Your
Excel" Most Obedient & Most
Humble Servt.
JOSEPH ESPINOSA.
Petition of Joseph Espinosa to Governor Clinton, and
other papers connected with the seizure of the
sloop St. Miyel.
[From N. Y. Col. MSB., Vol. LXXV, pages 107-110.]
To his Excellency The honorable George Clinton
Esqr Captain Generall and Governour hi
Cheif in and over the province of New
York and Territories thereon depending in
America and Vice Admiral of the Red
Squadron of his Majestys ffleet.
The humble Petition of Joseph Espinosa late
Commander of the Sloop Sl Migill sent to
this Province as a flag of Truce by the
Governour of Havannah with English
Prisoners.
Hheweth,
That your Petitioner being fully impowered by a
Commission from the Governour of Havannah as a
flag Truce did in his Said Sloop sometime Since sail
from thence and on or about The ninth day of July
last arrived in This Province with sixty- nine English
Prisoners who had been taken by the Spaniards and
delivered them Safe on Shore in the City of New York,
382 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
That sometime afterwards and on or before The
Eighteenth day of October last Your Petitioner with
Your Excellencys permission did take on board his
said Sloop Sixteen Spanish Prisoners partly in Ex-
change of the Said English prisoners, And Your Excel-
lency by an Instrument under Your hand and Sealeat
Arms did Vouchsafe to Grant unto Your Petitioner a
Certificate thereof and safe pasport to your Petitioner
from home [hence?] to Havannah and thereby desired
that all Comanders of his Majestys Ships of Warr and
Privateers should Regulate Themselves Accordingly
And Your Excellency at the Same Time did deliver un-
der your Petitioner on his Britannick Majestys Service
one Letter from Your Excellency and two letters from
the Governour of Pensilvania directed to the Governour
of Havannah
That your Petitioner on The Next day to witt the
Nineteenth day of October last having on board the
passport letters and Spanish prisoners aforesaid think-
ing himself Safe under the Protection of your Excel-
lencys said passport sailed from the Port of the City
of New York in his said Sloop towards the Narrows
on his Returne to Havannah That about midway
between Nutten Island Point and the Narrows which
(as Your Petitioner is informed) is within the bounds
and Jurisdiction of this Your Excellencys Government
of the Province of New York and is with in Sight of
the Fort of New York about one of the Clock in The
Afternoon he was attacked, fired at and taken by one
John Easom with about eleven or twelve men on
board of a Small two Mast boat That imediately after
The said men came on board Yr Petitioners Sloop he
Produced and Shewed Your Excellencys said Passport
to the person who y' Petitioner was told was Captaine
but he taking no notice Thereof ordered Your peti-
tioners people into the hold of the Vessell and put
three Centinells with drawn Swords in their hands in
Three different Parts of the Vessell,
1746] ADMINISTRATION OF PRESIDENT HAMILTON. 383
That among the persons by whom he was so taken
there was one Michael who your Petitioner took to be
the Lieutenant and who understood the Spanish Lan-
guage, to whom Your Petitioner apply ed and ac-
quainted him that your Petitioner had a good Passport
from the Governour of New York and desired to know
why they used him in that manner, to which the said
Michael answered that Your Petitioners Passport
would Serve him to no purpose, that the Governour
had deceived him and that they had a better Commis-
sion.
And your Petitioner further sets forth that the Per-
sons by whom he was so taken Carry ed his said sloop
with him and his men that Evening to Perth Amboy
in the Province of New Jersey where his people were
put in Prison and about Midnight that same Night
severall of the said Captors came to your Petitioner
and demanded papers which he delivered to them
among which were Your Excellencys Passport and
Letter and the other Letters aforesaid. The Pass from
the Governour of Havannah and all his papers of Con-
sequence.
That your Petitioner is informed that on the Twenty
Second day of October last a- Libell was filed in the
Court of Admiralty of New Jersey in the Name of
John Easom Comander of the "private Vessell of
" Warr Called Ranger in behalf of himself and the
"owners and Confpany of the said private Vessell of
" Warr, Praying that the Cargo of Goods on board of
" Your Petitioners said Sloop might be unladen and
''that the Kinds and Qualitys of the Goods on board
" might be Inspected and a full account Thereof Taken
"& Exhibited into that Court and that all such Goods
"on board as were not necessary for Provisions for
"Your Petitioners and his Passengers and men &
"were not Exempt from Seizure and Confiscation
" might be Condemned as Prize.
384 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
That sometime after by Virtue of an Order from
The Said Court Your Petitioners said Vessell was
unladen and all the Goods that were on board were
taken out and put into a Store at Perth Amboy.
And your Petitioner further Sheweth that it was
insinuated in the Said Libell that Your Petitioner was
under Just Suspicion of having Gunpowder Shot and
Warlike Stores on board his said Sloop purchased or
procured at the City of New York nothing like which
appeared upon unlading the Said Sloop.
And your Petitioner doth further Shew that the Said
Captors finding that there were no warlike stores or
Contraband Goods but there were some other Goods
belonging to Your Petitioner on board They in order
to give some Color to Their unjust Proceedings in
Taking Your Petitioner and his said Sloop and Goods
within the bounds and limits of Your Excellencys
Government and to distress and delay Yor Petitioner,
The Proctor for the said Libellant on the twelfth day
of this Instant November did deliver into the said
Court of Admiralty a List of some of them by the
name of a " List of Sundry Merchandizes Taken from
"on board the Sloop S*- Migill Vila Vergin Delos
"Dolores Don Joseph Espinosa * * * * for the
" Havannah claimed by the Libellants." Well know-
ing that your Petitioner is wholly a Stranger here and
That he Cannot find any Security in this Place to
Prosecute his Claim and Right to the Same as is Corn-
only used to be insisted upon in Some Cases by means
whereof Your Petitioner is not only in danger of
Wholly loosing his Said Goods but also he and his
people who are almost Naked not having Cloaths to
Withstand the inclemency of the Weather in this Cold
Climate by being long delayed here wiU be in great
danger of Perishing unless Your Excellency will be
Pleased to Grant him Some aid and assistance in the
Premises whereby he may be Speedily relieved out of
1746] ADMINISTRATION OF PRESIDENT HAMILTON. 385
this Great distress and be enabled soon to return to
Havannah.
In Tender Consideration of all which and for as
much as your Petitioner, his Vessell and Goods
attacked and taken within the limits and bounds of
The Province of New York, he at the Time of his
being so Taken having and being under the protection
of the passport granted to him by Your Excellency
then and Still being not only his Brittannick Majestys
Governour of the said Province but also Vice Admiral
of the Red Squadron of his said Majesties Fleet.
Your Petitioner Therefore most humbly Prays that
Your Excellency will be favorably pleased to direct
his Majestys advocate Generall for the said Province of
New York to Enter and Prosecute a Claim in the said
Court of Admiralty in his Brittannick Majesties name
on behalf of Your Petitioner for his said Goods or to
grant to your Petitioner such other relief in the Prem
ises as your Excellency Shall think proper just and
Reasonable.
And your Petitioner shall ever Pray &c.
JOSEPH ESPINOSA.
[Affidavits in Support of the Charges in the foregoing
Petition.]
The Examination of Joseph Espinosa Master of the
Sloop Sl Migel a Flag of Truce that Came from the
Havannah & arrived at the Port of New York on the
Nineteenth of July 1746 Taken before a Committee of
His Majestys Council of the Province of Now York on
Monday the third day of November 1746. Mr. Jacob
Rodrigues Reveres being sworn Interpreter on that
Occasion.
The said Joseph Espinosa says That he sailed in the
aforesaid Sloop Sl Migel from the port of New York
26
386 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
Yesterday was Fort' night On his Return to the Hav-
annah; That he had Dispatches as Master of a Flag of
Truce from his Excellency the Governour of New
York as also a Letter from his said Excellency to the
Havannah: That so soon as he had sailed with his
vessel out of the Harbour & passed Nutten Island
point The person who was .his Pilot ordered the Fore-
sail of the Said Sloop to be struck and desired Him
(the Examinate) to prepare for coming to an Anchor,
That the wind and tide were both at that time very
fair, That soon after the Examinate discovered two
Shallops at a Distance the largest of which had one
Mast and the Smallest two Masts That the Pilot upon
looking at the said Shallops or Boats through the Ex-
aminators Spying Glass Told him That the largest of
the said Boats belonged to himself and that thereupon
the Pilot ordered the Colours of the Examinates
Sloop to be lowered half Mast Which the Pilot told the
Examinate was a Signal for his Boat. That when
the said two Boats were within the Distance of Six
Rod of the Examinates Vessel!. Severall of the Men
in the two Mast boat rose up and being come a little
nearer one fired a pistol That there were in all he be-
leives eleven or twelve in the Boat. That he Ordered
his sails to be lowered and thinks he was at that Time
about Midway between Nutten Island Point & the
Narrows, That they threatned the Examinate in the
Spanish Language holding up their Pistolls & Cut-
lasses because they thought he was not quick enough
in lowering his sails, upon which he told them That he
had ordered his Sails to be Struck as soon as possible,
That about Eleven or twelve men came out of the said
two Mast Boat on Board the Examinates Vessell and
soon after Mr Leister the Pilot also Came on board and
took charge of the Vessel in the Room of the Pilot
That had charge of her before who then went abord
the Boat he called his own, That the Examinate pro-
1746] ADMINISTRATION OP PRESIDENT HAMILTON. 38?
duced the passport given to him by his Excellency tlu»
Governour of New York to a Person whom he was
told was the Captain and who the Examinate says is
a tall man and has one of his legs swelled. That he
took no notice of the Pass but Ordered the Exami-
nates' People into the Hold of the Vessell and Put
three Centinells with drawn Swords in their Hands at
different Parts of the Vessell. That among the afore-
said Eleven or twelve men was one Michael whom the
Examinate took to be the Lieutenant of the Aforesaid
two Mast Boat & who understood Spanish That he
acquainted Michael that he had a good passport from
the Governour of New York with the Approbation of
the Council and Desired to know why they had used
him in that Manner That he Answered That his pass-
port would serve him to no purpose The Governour
had deceived Him And They had a better Commission
That the Examinate (taking them to be pirates) offered
to pull off his Clothes and desired them to take all he
had, Spare his Life and put him on Shore. That they
then told him he need not to do that for they should
soon come to a Place where in two days they woiUd
take out what was in his Vessel and ballast him with
stones and Waterandsend him away; Thatthey brought
the Examinate with his Vessel to perth amboy that
Night where his People were put in Prison. That about
Midnight severall of the aforesaid eleven or twelve
Men came to him the Examinate and demanded his
papers, which he delivered to them among which were
the Governour of New York his Pass, The pass from
the Govern our of Havannah and all his Papers of Con-
sequence and desired them to take Notice of his giving
up of those papers That they put all the Papers in a
Sheet of Paper and desired the Examinate to seal
them up together which the Examinate did with a
seal one of them gave him & which seal he hath now
in his Possession. That on the Monday following
388 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
Capt" Farmer Mr Lewis and Capt" Barnes came on
board the Examiners Vessell and told him they had
Put their three slaves in Prison whom he understood
to be the three Spaniards that were delivered to him by
the [order?] of his Excellency the Governour of New
York in Council. That those Gentlemen told him That if
he would carry those Spaniards with him he must pay
for them for that they intended to keep them as
Slaves until they were paid for. That the Examinate
replyed he bad nothing to do with it, He had acted in
Obedience to the aforesaid Order. That the aforesaid
Michael interpreted between him, the Examinate and
the said three Gentlemen, Told him that They
Said that the Governour of New York told them It
was the Examinates Fault That those three Spaniards
were taken away. And the Exami? further Says that
the Men belonging to the aforesaid two Mast Boat took
away all his Keys, Chests & Clothes That some day
afterwards they sent him (upon the Advice of Some
Gentleman at Arnboy) a small Frank [Trunk?] with all
his Linnen but that the rest of his Clothing they have
in their Custody
JOSEPH ESPINOSA
Sworn before me the day of
November 1746.
DANL HORRMANDER.
The Examination of Michael Beasley of the City of
New York Mariner taken before a Committee of his
Majesty s Council for the Province of New York At
the Council Chamber In the City of New York the
fifth day of November 1746.
Michael Beasley the Examinate Says that he was on
board the privateer Eanger in the Capacity of a Fore-
mast man when the Flag of Truce that lately sailed
1746] ADMINISTRATION OF PRESIDENT HAMILTON. 389
from New York on her Return to the Havannah was
taken by the said Privateer. That She was taken he
thinks a litttle below Sinimione Ferry about Midway
between Long Island & Statten Island. That he was
Interpreter between the Spanish Captain and John
Easom the Commander of the Privateer. That he told
the Spanish Captain by the Directions of the said
Easom That they had received Information of sundry
Goods & Merchandize being shipped on board his Flag
of Truce by some persons in New York which he must
deliver up or he would otherwise be carried into an
English Port and that he must shew them the Letters
& papers he. had: That among the papers produced
There was one which the said Espinosa said was the
Governour of New Yorks Pass That the Examinate
told him (by the directions of the aforesaid Easom) he
might put it in his pocket. The Examinate says That
when they had brought the Vessell to Amboy the
Spanish Captain was told That if he would deliver up
such Goods as he had on Freight & the Invoice of
Goods Consigned to him. He might go about his Busi-
ness. To which he replyed That he had only his Provi-
sions and a few Trifles belonging to himself on board
the Examinate Says that the aforesaid privateer was
fitted out to take this Flag of Truce or any of his Maj-
estys Enemies. Information having been given that
She had on board Gunpowder & other Warlike Stores
That Captain Tingley, Captain Easom and himself are
the only persons the Examinate knows of that were
Concerned in fitting out the aforesaid Privateer The
Examinate being asked why he did not inform the
Government of New York. That Inform" had been
given Them That Gunpowder & other warlike stores
were on Board the Flag of Truce, said the aforesaid
Espinosa had offered to Engage him the Examinate
and his ship to carry a Cargo of Flour to the Havan-
nah where he would insure him to get seven pieces of
390 ADMIKISTKATION OF PRESIDENT HAMILTON. [1746
Eight and a half for each Barrell. The Exanimate
being asked whether he though the aforesaid privateer
was a fit vessell to go to sea to Cruize agl his Majesties
Enemys Said He thought she was a suft1 Vessell for
that purpose and would go to sea and Command her
and has gone to Sea in a less Vessell.
MICH' BEASLEY.
The examination of John Easom of the City of New
York Marriner, taken before a Committee of his
Majesties Council for the province of New York At
the Council Chamber in the said City on the fifth day
of November 1746.
The said John Easom says That he lately had a
Comission from the Judge of Admiralty of the Prov-
ince of New Jersey as Commander of the Privateer
Ranger a two Mast Boat, Burthen about five or six
Tons belonging the port of New York. That one
Acklin was his Lieutenant That himself Captain Ting-
ley and Captain Beasley fitted out the said boat, having
first [fixed?] at a Certain Sum to be paid for Each day
they should keep the said Boat in their Service. That
on Sunday the 14 of October last, The Examinate being
in the aforesaid boat with eleven or twelve white men
and three or four Negroes Took a certain Sloop that
Came as a Flag of Truce from the Havana and was
then on her Return from New York to that place as
he beleives of which Sloop one Espinosa was Master
or Commander, That at the time of taking her the
Examinate was near the Watering place on the Staten
Island Shore, That the Examinate as soon as he came
on board the Flag of Truce asked the said Espinosa by
one Michael Beesley who was Interpreter between
them what Goods or Merchandizes he had on Board
and desired him to deliver up his papers. That the
said Espinosa gave the Examinate his Excellency the
174C] ADMINISTRATION OF PRESIDENT HAMILTON. 391
Governour's pass, which the Examinate bid him put
in his Pocket and some other Papers which the Exani-
mate delivered to him again That the Examinate then
Carried the said Espinosa and his Vessell into Amboy
Acquainted the president of the Council that he had
taken the Flag of Trace that came from New York
and desired to know what to do with the prisoners.
That the president at first sayd he did not know. But
upon the Examinators desiring to know if they could
be Secured that Night, The President Ordered one Mr
Smith to go with the Examinate to have them secured.
That the Night of his Arrival there he ordered his
Lieutenant to go on board the Flag of Truce and to
take what papers he could find and get the Spanish
Captain to Seal them up with his own Seal which his
Lieutenant afterwards told him he had done accord-
ingly And which papers together with some others
that were found by the Marshal of the Admiralty on
his taking out the Goods, the Examinate says he has
now in his possession That the Examinate did not take
away the said Espinosas wearing apparel But on his
refusing to take them they were put them along with
the Goods taken out of the Flag of Truce and are now
he supposes in Custody of the Mai-shall of the Admi-
ralty Except some of his Linnen which was after-
wards given to him, That the Examinate offered to
deliver up to the said Espinosa all the people that were
on board The Flag of Truce at the Time she was taken
except four Negroes which appeared by Receits among
the said Espinosas papers to have been Purchased by
him at New York whom he detained as Merchandize
and as such they are Libelled, That three Negroes
were claimed by Mess1"8 Farmer Lewis & Barnes and
afterwards taken by writts of Replevin. The Exam-
inate being asked whether his Commission was taken
out for any other Purpose than to take the aforesaid
Flag of Truce He said that he intended to take any of
392 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
his Majestys Enemys or their property wherever he
could find them, And the Examinate being also asked
how he Came to take a Flag of Truce in this Govern-
ment that had his ExcelTy the Goveraours pass Said
he acted as he Conceived pursuant to his Instructions
and not with advice The Examinate further says
That the aforesaid Lieutenant did deliver unto him the
papers above mentioned to have been sealed up with
the Spanish Captains own Seal and that the Exam-
inate or any other to his Knowledge has not opened
the said Bundle of papers Sealed But that he offered
before Mr Kearney & Mr Nevil of Amboy to deliver to
the said Espinosa the Spanish Captain his Vessell &
more provis" than was found aboard & all papers Con-
tained in the said Bundle relating to the said Espinosa
as a Flag of Truce and that the Ex? would not nor did
not suffer any of his people to meddle with or touch
any of the prov8 or Store belonging to the Flag of
Truce, The Examinate being asked whether he thought
the aforesaid privateer was a fit Vessell to go to sea to
Cruise ag* his Majestys Enemys said that answered
their Purpose.
JOHN EASOM.
Letter from Elisha Parker, Acting for the Proprietors
of East Jersey, to the Committee making the pro-
posals under date of August 11th 1746.
[From Papers of F. J. Paris in the New Jersey Historical Society Library, Vol. P.'
and P. R. O. B. T. New Jersey, Vol. V.]
Perth Amboy August 29l.h 1746
Sir
Had you Staid in this Town the half hour which
you agreed to Stay on Wednesday the 134!1 Instant
when you delivered me the paper Dated August II1?
Said to be transcribed by Order of the Committee. I
174C] ADMINISTRATION OF PRESIDENT HAMILTON. 393
Should then have acquainted you that I had Laid that
paper before the Council of Proprietors. And that the
Proprietors have but Joseph Murray, William Smith
& David Ogden Esqr' for their Council & Elisha Par-
ker the Subscriber hereof for their Attorney Engaged
in this Cause nor have they Engaged nor do they in-
tend to Engage any more than the said three Council
and one Attorney in this cause — and that they did not
think proper to release any one of their said Council
for the reasons following viz*
1'* because they have been Several Years feed as
Council in this matter and have advised on & perused
the draught of the Special Verdict proposed by the
Letter of June 30th to be prepared On the part of the
Proprietors and the Evidences to Support it, and it
might be of the most mischievous Consequence for
any one to whom the Evidences of a Title on one Side
are Communicated that he should be afterwards En-
gaged as Council or Attorney on the other Side.
2d!y for that their are many other Attorneys & prac-
titioners of the Law of note in New York, New Jersey,
& Pensilvania who practise in the Courts of New Jer-
sey, who are neither Engaged by fee or Interest on
the side of the Proprietors
3d.Iy For that if the other Attorneys & Council not
Engaged in this Cause, have refused or should refuse
to be Concerned in it, for the Committee The Council
of Proprietors are well assured that the Committee
have been informed near a Year agoe by Mr Ogden that
the Supream Court could & upon application no doubt
would, Oblige a proper number of Attorneys & Council
to flerve the Committee; and they think its a pity that
the Committee should have neglected the three Several
Terms of March. May & August last to move the
Court for that purpose, At any of which terms they
might have moved this matter, if the Committee had
thought proper so to doe
394 ADMINISTRATION OF PRESIDENT HAMILTON. [174-6
To the above purpose I Should have Acquainted you
had you Staid the half hour agreed on and the Com-
mittee might thereon have moved the Supream Court
(which was then Sitting, and continued Sitting till the
Tuesday after) for Such Attorneys and Council to be
appointed them as they might have thought proper to
name. But as you did not then Stay, The Council of
Proprietors upon further consideration of the said
Paper of August 11th have Ordered me to Acquaint
you that they are Sorry for the Loss of so much time
as may be occasioned by the neglect of Joyning Issue in
Last Term (which they on their parts were ready to
have done,) for it may draw with it the Loss of the
next Term of November which Sits at Burlington, and
where probably neither of the Council or Attorney of
the Proprietors do dessign to Attend, and, where it
would be as Difficult for the Committee (who Live
above TO Miles Distance from Burlingten) as for the
Proprietors to get persons to attend there, to Enter
into Bonds — muttually according to the proposals of
the Letter of June SO*11—
To prevent which Loss of time as much as possible
I am Ordered by the Council of Proprietors to acquaint
you that at any time betwixt this and next November
term, upon a week's Notice from the Committee, I as
Attorney for the Proprietors will be ready at Perth
Amboy to Enter into the General Rule, and to give
Security to prosecute the Suit as is proposed to be done
by the Letter of June 30l.h upon their doing the Like.
And also to acquaint you that the Council for the
Proprietors will be ready at New York upon a weeks
notice There to Settle the form of the Special Verdict
in the Cause with whatever Council or Attorneys the
Committee Shall Employ. If which be done & agreed
on before next November Term They the Council of
Proprietors will Employ one of their Council at Law
on purpose to go to November Term At Burlington, in
1746] ADMINISTRATION OF PRESIDENT HAMILTON. 395
order to have the Special Verdict found & then & there
to argue & pray Judgment upon it & to do everything
with Speed as proposed by the Letter of June 30? or
Shall be agreed on between their Council & the Coun-
cil of the Committee
I am also Ordered to Acquaint you that Mess™ Alex-
ander & Morris were ready & attending at Perth amboy
on the second Tuesday of August instant to have given
bonds with Security according to the Letter of June
30l.h And that Still at any time between this and next
November Term on a Week's Notice they will be ready
to give Such Securitys upon the giving to them Secur-
itys as by the said Letter proposed.
I am also Ordered to acquaint you that there are
Sundry things, in the Said paper of August 11th which
the Council of Proprietors are far from admitting to
be true or Just reserving to themselves the Liberty of
pointing them out when occasion requires, which they
think no way necessary to do by this Letter I am
Sir Your humble Servant
ELISHA PARKER,
Attorney for the General Proprietors of East New
Jersey on the Cause of Stykes on the Demise of Sir
George Carteret Versus John Noakes for Lands in
possession of Francis Spier.
To Mr Nathanel Camp.
Septr 191!1 1746, This Day I delivered to Mr Nathanel
Camp the Original Letter whereof the preceding is a
true Copy Witness my hand DAVID OGDEN.
Affidavit of Elisha Parker, Attorney at Law, relative
to legal proceedings of the Committee of the Riot-
ers.
[From P. R. O. B. T. New Jersey, Vol. V.J
ELISHA PARKER Attorney at Law being duely Sworn
on the holy Evangelists on his Oath declares that he
396 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
being Employd as Attorney for the General Proprie-
tors of the Eastern Division of New Jersey in the
Action of Ejectment agreed to be brought by them by
their Letter of June the SO1?1 1746 in Compliance with
the proposals made to the Assembly by the Committee
of the Eioters in April Last, and delivered to the Late
Governour, he did write the Original Letter directed
to Nathaniel Camp bearing date the 29*?1 day of August
Last whereof a true Copy is annexed and does verily
believe that David Ogden one of the Council for the
Proprietors in that Action did Deliver the Said Origi-
nal Letter according to his Certificate whereof Copy is
at the End of the Said Letter and further Saith that
neither the said Nathaniel Camp nor any of the Eiot-
ers Committee nor any of them has ever Since applyd
to him to Joyn Issue in the said Action or to do any-
thing whatsoever in pursuance of the said Letter of
August 291?1 Last and farther Saith that he attended
the Supream Court, at Burlington in November Last,
the greatest part of the Term during all which time no
application whatsoever was made by the said Commit-
tee or any of them or any for them, for having any
Attorneys or Council assigned them for the Defence of
the said Action, and Since the End of the said Term
of November he has perused the Minutes of the' Su-
pream Court during that Term in which he has not
found any Such motion to have been made nor has he
otherwise heard that any Such motion was made and
farther this Deponent doth verily believe that no ap-
plication has been made to any of the Proprietors
Council by the Said Committee of the Rioters or any
of them or any person for them pursuant to the said
Letter of August SO1!1 because this Deponent has Lately
Since November Term aforesaid been told by Joseph
Murray and William Smith Esqr° that no Such Appli-
cation has been made to them or either of them and as
to David Ogden the other Council he this Deponent
1746] ADMINISTRATION OF PRESIDENT HAMILTON. 397
has also since the said November Term discoursed
with him about the said Letter of August 29*." and if
any such application had been made to the said Ogden
this Deponent doubts not but he would have Com-
municated it to him but so far from it that he told
this Deponent he did not believe the said Committee
wanted to have a Tryal at all and further Saith not
. ELISHA PARKER'
Sworn the 23? day of December 1746 before Rob? H.
Morris.
State of the Facts about the Riots from September
19M, 1745, to December $t?>, 1746.
[From Copies among Papers of F. J. Paris in New Jersey Historical Society Library
Book P, No. 1 and Bundle X, p. 18.]
State of the Facts, Concerning the Late Riots at
Newark in the County of Essex, & in other
parts of New Jersey; December 24, 1746.
proof of the [Sent over by the Councill there to the Duke
Facts Appear- of New Castle & Lords of Trade.!
ing
Letter of 1745 September 191.1' one Samuel Baldwin
teing Committed to the Goal for the Coun-
of the ttj of Essex at Newark in An Action of
- Trespass for Cutting of Trees wherein he
o n- re^use(^ to give bail, or Enter an Appear-
To chief jus- ance. About One hundred and Fifty men, in
uce Morris. a riotous manner, came to the said Goal,
" was bred to the pro-
fessionofthelawiin-
cier James Alexan-
der, whose daughter
Catherine, he married. He was licensed May 3d, 1745, and died of consumption
March 14th, 1761, aged 47. His widow married Walter Rutherfurd, then an officer
in the Army and was the mother of the late John Rutherfurd of Belleville.— ED.
398 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
New York with Clubbs, Axes and Crowbarrs, broke
post-boy of open Said Goal, and took out the said Pris-
feb. 17.
oner.
Several of the said Eioters then Used many threat-
said Letter of nmg expressions, against all persons that
sep' ao'" Should Endeavour to punish any of them for
perpetrating the afores^ fact.
They then further threatened that, Should any per-
son be Committed for the above Fact, or for any Tres-
said Letter of Pass done on Lands claimed by them on any
sepf. 2o<!> Indian purchase Right, they would come to
Such persons relief with double the Number of men.
—This threatning they made good by the Riot of Jan-
uary Last hereafter mentioned.
On the Same 19th of September the said Rioters at
said Letter of the Same time threatned that they would be
assisted by One hundred Indians for the re-
leiving of any Person that Should be so Committed.
This Threat, at that time, and till Lately, was
thought, by most people, to be ridiculous and impossi-
ble, because the whole Province of New Jersey had
then Scarcely half that Number of Indian men belong-
ing to it, or residing in it, and not one of them within
thirty Miles of Newark, and but two Indian men,
within fifty Miles of Newark, to Witt, Andrew &
Peter Living near Cranberry on the Navesink Side of
Raritan, about forty Miles from Newark, but the
Transactions of the Committee of the Rioters, with the
said Andrew, in February before the said Riot and the
Information herein after mentioned of the Number of
Indians Lately Come, and Expected to come, to Live
near to the said Andrew (on Some Lands he there
claims as his) is like to render that Threat not only
possible to be put in Execution, but probable that it
will be So.
On the Same lO*?1 of September two Justices of the
Peace with the under Sheriff of the said County of
1746] ADMINISTRATION OP PRESIDENT HAMILTON. 39«
record med Essex — Recorded the said Riot on their View
r: court to have been Committed by twenty seven
persons, by them named in their Said Rec-
Ctenl ord, and by many other Evil doers and Dis-
turbers of the Peace of our Lord the King, to them
unknown, to the Number of One hundred Persons, at
the Least.
1745 September 24l.h a Court of General Quarter Ses-
sions of the Peace being then held at Newark, for the
the indict- said County of Essex, the Grand Jury
ment in that thereof presented a Bill of Indictment
Court & Copy
in Attorney against Six of the Rioters with many others
>nenu hands Unknowilj for committing the said Riot.
1745. September 28^ His Excellency the Governor
of this Province Sent a Message to the then house of
Representatives; in which amongst other things he
Set forth the Dangerous State of this Prov-
utesoTAB»em- mce m relati°n to the French and Indians,
biy herewith an(j in which Message there is also this Para-
No. 1 page 5 ,
graph;
" I send you also an Account of a Notorious Riot,
" Lately Committed at Newark, if it be not Something
" worse; If the Indians can be prevailed on to joyn in
''Attempts of this Kind, we may soon have a war
"with them in our own bo wells, encouraged by the
"Kings Subjects; The threat is of Dangerous Conse-
" quence, But if they Should not, if these Rioters can-
" not be brought to Justice, all Civil process must Soon
"Cease, and the Government be overturned, The Infec-
"tion will soon Spread, from Such a Notorious Riot,
" to a Rebellion; So that I hope you will not be want-
" ing in your Care Concerning it, and making Such
* ' Provisions, by a Militia Act or other Acts, as to pre-
" vent the Like for tho future."
1745. October 3d The then House of Representatives
iaid Minutes ^en* ^° *^s Excellency a Message in Answer
of Assembly to his in which amongst other other things
p**el there was this Paragraph.
400 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
It is with Concern they hear of the Riott committed
at Newark, and with Abhorence of all Such Actions
Look on those who will not be Subject to the " good
"and wholesome Laws of our Nation as Enemies to
" the common Good — Nevertheless, as far as we know
" the Laws, now in force, are Sufficient for the pun-
ishment of those that are Guilty of the breach of
" them, and the House are of the Oppinion that all
' Violaters of the Laws ought to be very Early brought
" to Justice, otherwise, as His Excellency very justly
"observes, the infection will soon Spread?"
To which his Excellency the Go\ernorbya Message
of the 18v.h of October 1745, did reply, in these words,
" The Laws are Sufficient to punish Rioters, or other
"Offenders, but neither the present Militia Act, nor
"any that you have Attempted to make, are Sufficient
"to Quell a Riot of this kind, or perhaps an Insurec-
"tion, for which force may be Necessary, which can-
"not be Continued, without Some provission to Sup-
" port them, nor can the Officers and Courts necessary
"to Convict them, attend that Service, — without Sal-
"arys, or Some provission to deffray the Charge of
"prosecution, which are not provided, nor, as appears
" intended to be provided, by your house.
On the Same 18th of October 1745 His Excellency
Minutes of the Grovernor, by Advice of the Council,
council & Issued his Orders to His Maiestys Attorney
Warrant ~ , '•..«« • ,
sign'd by the cMBWWU, to proceed, with all Convenient
Gov ' Speed to prosecute, by Information or other
Lawful Method, Agreable to the Lav/s of England
and the Province of New Jersey, Such Delinquents as
were then already discovered to have been Active in
the said Late Notorious & Dangerous Riot Committed
at Newark and Such others as from time Should be
discovered to have been Active therein.—
On the Same IS1-'1 of October His Excellency the
Governour by and with the Advice of His Majesty's
1740] ADMINISTRATION OF PHKSIDKNT HAMILTON. 401
Council Issued his Warrant under his hand & Seal At
Anns, directed to the Sheriff of the County of Essex,
thereby Commanding the said Sheriff to make Diligent
Search for & to apprehend the said Rioters, & to bring
them before the Chief Justice, or Some other Justices of
His Majesties Supream Court of Judicature for the
Province of New Jersey, who were thereby directed
to Committ them to any Common Goal, in whatsoever
County of the said Province they Should think most
proper, untill they Should Severally find Sureties for
their personal Appearance, at the next Supream Court
that Should be held in and for the said Province after
their being so Apprehended, and to be of the good beha-
viour in the meantime; thereby further Commanding
all Sheriffs, Coroners, Constables and other Officers, in
the Several Counties of the said Province, and all others
his Majesty's Liege Subjects, to be Aiding and Assist-
ing the said Sheriff in Apprehending and taking the
said Rioters.
1745. January 15tb The Sheriff of Essex by virtue of
the said Warrant, and Also by virtue of Writts, Issued
out of the Supream Court, upon the Record
Letter of Jan. r
22 iwwfrom of the aforesaid,atNewark aforesaid. Arrested
L^^the* Robert Young, Thomas Sarjeant, & Nelw-
AttomeyGen- miah Baldwin three of the persons Named in
esheriff82lA^- *ne Record aforesaid, and then proposed to
co< of the them to Enter into Recognizance, as the Said
e Warrants and Writts required ;— The Said
both before Young & Baldwin pretended they had no
friends in Town to do it, but would Send to
their friends to come to do it with them; — Serjeant had
a Brother in Newark Town, who Offered to be his
Surety, but Serjeant absolutely refused to Enter into
any Recognizance; wherefore the said Sheriff Com-
mitted them to Newark Goal and he being, as well
Collonel of the Militia, as Sheriff of the said County,
Ordered two of the Officers, of each of the two Tom-
27
402 ADMINISTRATION OF1 PRESIDENT HAMILTON. [1746
pany?s of foot, belonging to Newark, to raise fifteen
men each, to guard the Prison that night, which, with
a great deal of trouble, was, at Last done, — And the
Sheriff watched with them, himself, all that night.
1745. January 161?1 in the Morning Sundry of the
Guard, who watched, wanted to be discharged, but the
Sheriff refused to discharge them till other men were
the same £°^ to relieve them, & Sent the Officers of
proof as the the Guard to bring others, but they could
get none; wherefore the Same persons Con-
tinued on Guard.
About ten in the Morning of the 16^ the said Sheriff
Ordered Several persons present to Assist him, in Car-
rying Baldwin, one of the Prisoners before a Judge of
the Supream Court, as by the said Warrant he was
directed, most of them made frivolous pretences, as
that they had no horses, and could not go, and per-
ceiving their Coolness to Assist him, he with all he
could gett, which were only Major Johnson, Isaac
Lyon, Daniel Harrison, and two or three more pro-
ceeded with the said Baldwin, but before he had gone
two Miles, they were assaulted by a great Number of
persons, with Clubbs and other Weapons, who, in a
most Violent manner, rescued, and Carry ed away,
the Prisoner, tho they had been beat off for near a
Mile distance, after the beginning of the Assault.
The Sheriff and his Assistants then returned to the
Goal, to Secure the other two persons there, and had,
then, for that purpose two Captains, three Lieuten-
ants, five Justices of the Peace, two Constables, and
about twenty Six Soldiers, well Armed; but by two of
the Clock in the afternoon, the people gathered to-
gether in Town, to the Number of about two hundred,
every one having a Clubb, where upon two Justices at
the Sheriff's request, went to them, and asked the
meaning of their meeting, together in Such a Manner,
they Answered they wanted the other two prisoners.
lM'i| ADMINISTRATION OF PRESIDENT HAMILTON. 403
The Justices Used persuasions with them to disperse,
but to no Effect, wherefore, the said Justices Com-
manded Silence, and one of them read the Kings Procla-
mation Appointed by the first of King George against
Riots, & Acquainted the people with the bad Conse-
quences of Such proceedings, but they paid no regard
either to the Proclamation or to what was Said to
them.
Two of the New Captains of the Newark Companies
by the Sheriffs Order went with their Drumms, to the
people So mett, and required all persons there, belong-
ing to their Companies, to follow the Drums, and to
Deffend the Prison, but none followed, tho' many there,
upon which one Amos Robards of Newark, mounted
his horse, and in words to this or the Like Effect, hol-
lowed out, Those who are upon my List, follow me;
which all, or the greatest part, did, their Number then
was Esteemed to be about three hundred.
The Said Robards and Several others Came from the
Multitude So mett, to the Sheriff on Guard at the Goal,
and said they came to know upon what Terms he
would Let the prisoners out? who answered on their
giving Surety for their Appearance At the next Su-
pream Court, and no otherwise and would send to M-
Justice Bonnell, Second Judge of the Supream Court,
to Come and take the Security, if they desired it;
Whereupon, they returned to the Multitude, who,
between four and five of the Clock in the afternoon.
Lighted off their horses, and came up towards the
Goal, huzzaing and Swinging their Clubbs.
The Officers ordered the Guard to face them, and
when they came within ten yards, the Soldiers were
Ordered to present and Cock, their firelocks, which
were charged with powder & ball.
The Multitude drove on, till they came within reach
of the Guard, & Struck them with their Clubbs, and
the Guard (liaving no orders to fire) returned the blows
404 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
with their GUDS, and Some were wounded on both
sides, but none Killed. — The Multitude broke the
ranks of the Soldiers, and pressed on to the prison
door, where the Sheriff Stood with a drawn Sword,
and kept them off, till they gave him Several blows,
and forced him out from thence. They then, with
Axes and other Instruments, broke Open the Prison
door, and took out the two prisoners, As also one other
Prisoner, that was Confined for Debt, and went away;
The Rioters Said that, if they had Staid till the next
day, they Should have had three or four times that
Number, to their assistance.
The Sheriff, with the Justices of Peace present at
the Said Last Riot, made a Record thereof,
Gen state & upon their own View, against the above
R*f mentioned Amos Robards & fifty one others
ord in bundle J J •
by Name, Inhabitants of Essex County, and
Six others by name, Inhabitants of Morris County,
and others to them unknown, to the Number of three
hundred persons, at the Least.
The Governor having received proper information of
the said Last Riot Communicated the Same to His
Majestys Council, who were of Oppinion the Aid of
the Legislature was necessary, to put an Effectual
Stop to so Dangerous an Evil, and therefore Advised
him to Lay the matter before them for that purpose.
1745. Feb 17th in the News Paper, Called The New
the post-boy York weekly Post Boy, a paper is printed
offeb. w." as from the Rioters declaring the occasion
1745. a Copy , . ,, .,. ., , , _.. .c
thereof is (as is there said) of these Riots.
herewith
1745. March 4'!1 His \Excellency the Governor made
printed Mm- a Speech to iihe assembly (the former hav-
J^SN? t^ere- ing been byhitn Some time before disolved)
with page e. in which there is this Paragraph
"His Majesty's Attorney General will Lay before
" you an Account of a Late Riot, or rather Insurec-
1746] ADMINISTRATION OF PRESIDENT HAMILTON. 405
" tion, at Newark; this was a natural Consequence of
" one that was Some time before that; and, tho' I did
"what, by Advice of his Majesty's Council, they
" Judged, at that time, Sufficient to put a Check to an
" Evil that had too great a probability of growing big-
" ger, and to prevent its doing So, yet (as appears) it was
" without the Effect intended— So Open and avowed
"an Attempt, in defyance of the Government, and
" Contempt of the Laws, if not high Treason, — makes
"So nigh approaches to it, as Seems but too Likely to
"end in Rebellion, and throwing off His Majesty's
" Authority, if timely Measures be not taken to Check
" the intemperance, of a too Licentious Multitude, I,
"therefore, recommend this matter to your Most
"Serious Consideration.
1745. March ll*?1 The Assembly made an Address to
printed Min- ms Said Excellency in answer to his Said
utes N° 2 Speech in Which there is a Clause in the f ol-
pagelS . . ^ ,
lowing Words
" The papers giving an Account of the Riot at New-
" ark, and the Letters from the Governors of New
" York, Boston, and Louisbourgh, are now under our
"Consideration, and we have Ordered a Bill to be
"brought into our house for the better Settling &
" Regulating the Militia of this Colony of New Jersey,
" for the repelling Invasions & Suppressing Insurec-
"tions & Rebellions, which, we hope, will be formed
"in Such a manner as may Effectually discourage
" things of that Nature, and we Shall Chearfully joyn
"the other branches of the Legislature, in any Such
" further measures as we can Conceive necessary for
"the more effectual Suppressing and discouraging all
"Such Dangerous proceedings, or in any thing that
"may be proper and necessary for Us to do for the
" Security of this Colony, or the Assistance of our
" Neighbours if there should be occasion.
1746. April 9l.h there was delivered to his Excellency
406 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
a printed Governor, and to each of the members
copy thereof of his Majesty's Council & of the Assembly
a Copy of a Publication, by the Council of
Proprietors of East New Jersey, dated the 25l.b day of
March Last, in answer to the before mentioned paper
printed in the Weekly Post Boy of February 17th,
1746. April 9l? The Council received information that
tho' for Six years past, no Indian men had lived near
Cranberry, but Andrew & Peter, and that only two
Deposition of more had Lived for many years before that,
James Biain wno both, for misdemeanors by them Com-
mitted, removed thence to Cross wicks, yet, within a
few weeks before that information, there were come
forty fighting men of Indians to Live there; that, about
three weeks before that information, one Indian came
there who had a blue Laced Coat on; which, it was
Said, he had got, as a present from the Governor of
Canada, and he Lodged in the Informant's house one
Night; and Some of the other Indians told the Inform-
ant that he was a King of some Indians on Delaware,
and that he was come to View that place, and was to
come and Settle there with his Indians, and that they
expected they would be about Three hundred Indians
there, in all, that the Neighbours there about were ex-
tremely Alarmed, at this Number of Indians Coming
to Settle there, where its Esteemed impossible for such
a Number to Live, without Stealing or killing their
Neighbours Creatures.
That the Cause pretended, for Such a Number of
Indians coming to Live there, is, that they are to be
taught the Christian Religion, by one MT Braniard,
and for that purpose they are to build a Town, a
Church, and a School house, upon the Land there of
one John Falconar, of London, Merchant, of which In-
formation upon Oath a Copy was given to one of the
Members of the Assembly, to Shew it to the rest
Whatever truth there may be in the pretence for
1746] ADMINISTRATION OF PRESIDENT HAMILTON. 407
those Indians gathering together, in that place, near
the very Center of this Province, We know not, as
we are well assured that the said M' Braniard has
never made any application to this Government, for
Leave to gather those Indians there, or to give any
Notice to it of Such design but that information being
Compared with what is Alledged in the publication
aforesaid of the Council of Proprietors page 6V Colum
1 Line 30* to 461!', and 8*? Col: 2* Line 15<h to 47l.h, with
this, that the Indian, whom the Committee of the
Rioters procured to Sign those writings there men-
tioned, We have good information was the same An-
drew, the Indian Living near Cranberry, who, till
within those few weeks, had no Indian man Living
near him, other then the said Indian Peter, and these
things being Compared with the threats of the Rioters
given out at their Riot in September 1745 Demon-
strate, that the Threat of their having the Assistance
of a hundred Indians, to Support their pretentious,
which was Esteemed ridiculous and impossible, for the
reasons before, is by those means like to become possi-
ble, and as the Same Andrew, whom the Committee
of the Rioters were tampering with in February was
twelve Months, is the head of them, and pretends to
give those Indians the Land they are to Live upon, its
Submitted how probable it Seems that this gathering
of those Indians there may be in Consequence of what
has l>een Concerted between the said Andrew and Said
Committee, which matters, so Concerted, must prob-
ably have been the foundation of the threat aforesaid
April 15l.h 1746. An Act for better Setling and Regu-
printed sun- lating the Militia of the Colony of New Jer-
of Assembly gey for the Repelling Invasions and Su-
pressing Insurections and Rebellions was
finally past by the Council and Assembly — of which a
Copy is herewith — and tho a good Act, yet the Coun-
cil conceived, it fell far Short of being an
Adequate remedy for the preventing for the
408 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
future the Like Riots as those two that had then Late-
ly been committed at Newark and therefore brought
in a Bill to the Council, to Supply those deffects,
which Bill was nearly in the words of the Statute of
Great Britain of the first of King George against Riots,
Expressing the Differrence of the Occasion thereof,
and, instead of being perpetual, as in Great Britain,
proposed it to be only in force for five years — which
printed Mint. Bill was past by the Council, and on the
of Assembly. 24t.h of April 1746 Sent down to the Assem-
bly for their Concurrence
1746. April 17*." was brought into and Read in the
Minutes of Assembly a Petition dated March 12t.h 1745-6
Assembly NO. gaid to be by the Petitioners Subscribing,
2. page 22 & 87 . , ,.,. , . „ ,, TVT .LI /• .LI •
inhabiting chiefly the Northern parts of this
Province of New Jersey with great Numbers of Names
Sowed & pasted to it, which had been subscribed to
Some other writings, as Evidently appears by some of
the Latter words thereof Still remaining; but what
these other writing were, to which the Names were
Signed, appears not, and Multitudes of those Names
are of one person's hand writing.
At Same time, was brought into the Assembly, and
read, another petition, Signed by eight persons, Stiling
themselves to have been chosen, by a great Number of
the Inhabitants of the Northern part of this Province,
a Committee, to represent and Act for them, in Such
Negotiations as might be thought proper &c:
That John Lowe Esql", one of the Members of the
Assembly, was one of the Committee of the Rioters,
and acted as such, both before, and after, the said
time; by Sundry papers herewith will Appear
1746 April 26 The said two Petitions were read a
printed Mm Second time, upon which occasion M' Sam-
s' 2. page 8i Uel Nevill one of the Members of the Assem-
M' Neviii's ' bly, and one of the General Proprietors both
speeches of ^he Eas^ern an(j Western Divisions of
1746] ADMINISTRATION OF PKKHKKNT HAMILTON. 409
printed in the New Jersey, Spoke to them, and answered
New York them paragraph by paragraph, a printed
10"- & 36" Copy of whose Speech is herewith, Including
1746. herewith tne ^ft two Petitions Verbatim, in the body
thereof
Upon which petitions, and W NevilTs Speeches in
Answer to them, We beg Leave to Remark that the
first of these Petitions has these words
" For which reason We humbly and Earnestly beg
4«» column of (having our Eyes to the Legislative Powers,
postboy of "from and by whom, our Rights Propertys
"and Priviledges have their rise & Sup-
port &c:
Upon which Mr Nevill, in answer, observed thereon
the Danger of Such an Attribute, to any Under his
Majesty, and the Necessity of a Censure thereof by
the Assembly; &, near the end of his Speech on the
Second Petition, insists on that, as a reason for the
rejecting both petitions.
The first Petition has, also these Words.
"And, in the meantime, that all our past miscon-
" duct (if Such) and intemperate Zeal, we have any of
"us been Guilty of, may pass away, Under an Act of
" Indemnity &c: In Answer to which Mr Nevil
declared there, he Should be farr from opposing a par-
don to the Petitioners, but Should rather promote it;
and at the End of his Answer to the Second Petition
Concludes thus:
" I further move that this Honourable House would
"be pleased to Apply to His Excellency the Governor,
"either by a Short address, or Message, as they Shall
" think proper, to Extend his Majesty's Mercy to those
"people, by a General pardon, Under Such Restric-
" tions, and upon Such Conditions, as to his Excellency
" Shall Seem proper."
We also beg Leave herein to say that, to our Knowl-
edge, in Expectation that the assembly would have
410 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
made Such Address, or Sent Such a Message An Act of
Indemnity was prepared, and the form thereof approved
of by the Late Governor, by which, all Concerned in
the said Riots, without any one Exception, was to be
pardoned, upon their taking the Oaths to His Majesty
appointed by the Laws of New Jersey, and giving their
own Single Bonds, without any Security with them,
to be of the good behaviour, which, with the said Bill
for preventing Riots for the future, Sent down to the
Assembly on the Z4^ of April, it was hoped would,
intirely, restore the Peace of the Province, and Suffi-
ciently prevent the Committing the Like Riots for the
future.
Minutes of But ^nese Expectations were blasted, for
Assembly N°, that 1746 April jJS*.11 it was put to the Ques-
tion in the Assembly, without any reply to
Mr Nevills Said answers, whether the said Petitions,
together with the proposed! s of the said Committee, be
sent to his Excellency the Governor in Council, accord-
ing to the prayers of the Petitions, or not, & it passed
in the Affirmative (of which proposeals no mention is
made in the minutes of the Assembly, before that day,
nor does it appear that, on that Day they were read,
nor who brought them into, or Offered them, to the
House, or when) which papers were accordingly deliv-
ered to his Excellency, with a message, to the above
purpose, without any the Least hint or request of an
Act of Grace, or Pardon for the Petitioners.
And for that on the ls.f of May 1746, upon
Printed Min- J r
utesof Assem- the Second Reading of the said Bill in the
biyN» a, page Assembly, for preventing Tumults and riot-
ous assemblys, it was Ordered to Lye on
the Table, to be reconsidered at the next Session and
Ordered to be printed in their Minutes.
By which, all hopes of restoring the Peace of the
Province, and preserving it for the future, during that
Session of Assembly, vanished.
1746] ADMINISTRATION OF PRESIDENT HAMILTON. 411
174:6. May 2?. The Council rceived infor-
ms informa- Hiation that the infection of the Newark
uonsiKnedby Riots was Spreading into the Province of
New York, for that one man there, by
Encouragement from the Rioters, had, in the month
past, purchased about one thousand Acres of L,and
from the Indians, part of a Tract of Land Granted
under the Seal of that Province above forty years
agoe, & with Sixteen Indians had Entered on it, and
girdled about three hundred trees of fine timber; that
that man and others are Endeavouring to draw other
people in that Province over into the Same Course,
Assuiing them that the Indian Right would be found
the only Right, and that the people of Newark had
agreed to Stand by one another, to Support that
Right, and had a paper of peoples Names, who had
so agreed, and that they need only Send down their
Names, to be put to that paper, and they would Stand
by all Such persons.
Affidavits of 1746. May :•# The Council Received
Ralph smith information that the Infection of the Ne\v-
n ark Riots was Likewise Spreading into West
\c/r Jersey; for that the people. Seated on that hun-
dred thousand Acre Tract in the County of Hunter-
don, belonging to those Proprietors in and about
LomloD, Called the West New Jersey Society, within
a fortnight then Last past, had two great meetings, in
order to Agree to Stand by one another in defence of
their possessions against the said Society, tho they
were Seated on those Lands by Lease for years from,
and under, the said Society, that they had agreed to a
paper for that purpose, and about Seventy had Signed
it at their meeting on the- 20th day of April, that one
Article of the Paper was, that, if any person, Seated
on the said Tract, Should refuse to Sign that paper,
that he Should be, by the rest, dispossest, and his
Improvement Sold by them, to the lu'ghest bidder,
412 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
that about ten or a Dozen of them were observed to be
riding continually backwards and forwards, to and
from Newark, Elizabeth Town and Cohansey, where
the Said Society have other Lands, & its believed in
Order to unite all in one Combination
May 1746 Mr Chief Justice acquainted the Council
that His Excellency the Governor had Ordered him to
Lay before the Council the 'said two petitions, pro-
poseals and Message, for the Advice of the Council, what
he Should do concerning them, and accordingly Laid
the Same papers before the Council for that purpose,
1746, May 21s.1 His Excellency the Governor died, before
any Oppinion of the Council was given on the said
Petitions, and proposeals, and as the Proprietors of
East New-Jersey were the only persons who could
properly answer the said Proposeals, The Chief Justice
communicated a Copy thereof to them, whose Attor-
ney has Lately Communicated to us what they have
done, in pursuance of the said proposeals, with Copys
in Writing as follows Vizt
coppiesof N° 1. a Copy of the Proposeals of the
these coppies Rioters Committee, Sent by the Assembly
h to the Late Governor, by which they Offer to
accept of the proposals mentioned in the penult para-
graph of Mr Ogden's Letter printed in the Publication
of the Council of Proprietors page 9; and by which
proposals they dony Notice of the matter of that Para-
graph.
N? 2. is an Affidavit of a man of unquestionable
Veracity that he delivered the Notice of the Matter of
that paragraph, to two of the Rioters Committee.
N? 3. is "a Copy of a Letter, wrote by order of the
Council of Proprietors of June 301!1 1746— Offering to
Comply with the said Proposals of the Rioters Com-
mittee.
N? 4 is Copy of an Affidavit of Service of the said
Last Letter, with a Declaration in Ejectment, pursu-
1746] ADMINISTRATION OF PRESIDENT HAMILTON. 413
•
ant to the said proposals The Attorney of the Council
of Proprietors declares that their Council prepared
their part of a Special Verdict, according to the said
Letter of June 30'.h That their Attorney attended the
first day of August Term to enter into the General
Rule, with Securities ready to be given on their part,
but no person came on the part of the Rioters, where-
fore, on that Day, imediately before rising of the
Court, the Action was Entered in the Minutes of the
Court, and the Defend1 was Solemnly Called, but no
body appeared for the defend1 of which an Entry was
made in the Minutes of the Court.
N? 5. was delivered the next day by Nathaniel Camp
one of the Rioters Committee, to Elisha Parker attor-
ney for the Proprietors, requesting them to quiet one
of their Council, &c.
N? 6. is an answer to the Last paper, giving reasons
why the Proprietors could not part with one of their
three Council, & proposing the means of Saving the
Loss of time, likely to ensue by the Rioters their not
Joyning Issue in the Action brought at their request;
at end of this is Copy of a Certificate of the Delivery
thereof to Nath1 Camp.
N? 7. is an Affidavit, by the Attorney of the Pro-
prietors, that no Application was made to him, or any
of the Council at Law of the Proprietors, before
November Term last, in pursuance of N? 6; and that
during November term Last, no motion was made in
Court for having Council appointed by the Rioters
Committee nor any for them nor any Application by
them to him or any of the Proprietors Council ever
Since November Term.
From all which, its inferred that the Said Proposeals
N? 1 were intended by the Rioters to Amuse the
Assembly and Late Governor and to Excuse them-
selves for the refuseals of Complying with the fair
offers appearing by the Proprietors Publication of
March 25th to have been before made to them.
414 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
The Late Governor Lewis Morris Esq- having as
before mentioned Departed this Life, on the 21st of
May 1746, The Government of the Province thereby
devolved on John Hamilton Esqr the Eldest Councel-
lor, and first named in his Majestys Instructions to the
Late Governor, who was sworn into the Administra-
tion accordingly. His Honnour the President Ap-
pointed a meeting of the Assembly on the 11th of June,
who accordingly met & proceeded upon business, & on
the 281?1 of June, by Advice of His Majesty's Council,
he made a Speech to them wherein among other things
are the following words
Printed Mm- "There have been two most notorious
N?4. 22. " Riots at Newark, in the County of Essex,
"where his Majestys Authority arid Laws have been
"treated with the greatest disrespect and Contempt,
" His Goal there was twice broke open, and the pris-
" oners, therein Lawfully detained, were taken out.
" and Carried away in Triumph, His Majesty's known
" Officers beat and abused, in the Lawful Exercise of
"their Offices, and this was done, at one time, by
" ' about one hundred and Fifty, at the other, by
k k upwards of three hundred men, and at both times,
" they gave out that they, could have twice the Num-
" bers, if they were necessary, and all this was done
"for no other reason but because a man was Sued
"in a Common Action of Trespass, for cutting Tim-
"ber, on Some Lands that he had a Claim to, and it
"was then, and I am told is now, given out, that
" these people will not Suffer any Legal Process to be
" Executed, on any man that Lives on Lands held by
" an Indian Right, and boast that their Numbers are
" So great that they are not affraid of being punished
"for these Crimes; all the methods that it was pru-
"dent for the Government to Use, have been taken,
" to put a Stop to this growing Evil, and it Appears
" that they have all proved ineffectual, and it has not
1746] ADMINISTRATION OF 1MJ I-SI HKNT HAMILTON'. 415
in the power of the Government, hitherto, to
11 bring any of the Delinquents to Justice; Upon this,
" I think it my Duty to observe to you that So open &
"avowed an attempt, to throw off their dependance
' ' on the Crown of Great Britain, and flying in the
"face of the Government, and obstructing the Course
" of Legal proceedings, and owning and avowing this,
" and boasting of their Numbers and Strength, to pro-
" tect themselves against the Laws, is of Such Dan-
gerous Consequence to His Majesty's Authority, in
"his Plantations, that, unless we fall upon measures
" Effectually to punish it for the time passed, and by
" Severe Laws to prevent things of that nature for the
"time to come, We shall have reason to fear the
"Resentment of His Majesty and a Brittish Parlra-
" ment, which may be too heavy for Us to bear.
" I, therefore, in his Majesty's Name, Recomend to
"you to proceed with the utmost Dispatch, in Such
" Vigorous measures, as may be most conducive to
"restore the Peace and Tranquility of the Province,
"that the Laws may have, again, their due Course,
" and his Majesty's Subjects may be again at Liberty
" to take the Benefit of those Laws.
Deposition ^n ^e ^ °^ August 174(> Sundry persons
of Edward in the County of Bergen, being (as is
Suposed) Encouraged by the aforesaid Riots
passing with Impunity, went. Armed with Clubs, to
the House of one Edward Jefferries, in Said County,
and there threatned to Club him out of possession,
Unless he came to Some Agreement with Mr* Valleau,
a person then present, who pretended a Title to the
Lands on which the said Jeffers was Setled; and the
said Jeffers being apprehensive they would Execute
their Threats against him, and turn him and his
Family out of Doors, Consented to take a Lease from
the said Mr* Valleau for Two hundred Acres of the said
Land, tho he was in possession of the said Land, and
416 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
had made Improvements upon it, by Leave from the
Proprietors of the Eastern Division of New Jersey, to
whom the Land belonged.
Deposition of In the month of September 1746 a Num-
Eiisha Parker. ber of persons, part of those who are Com-
monly Called the Newark Kioters, in a forcible man-
ner, turned out of possession Several people that were
Setled on a Tract of Land in the Said County belong-
ing to John Burnet, and regularly vested in him by
Title under the Crown of Great Britain, and put other
people in possession of the places they were Settled
upon, for which forcible dispossessing, Several of the
people therein Concerned were Indicted by the Grand
Jury, at the next Court of Quarter Sessions, held at
Newark, in and for Said County,
printed Mm- ^n the 9^ day of October His Honnour
utes Ne 4. the President Called the Assembly together
at Amboy, and the next day Sent a message
to them wherein among other things he refferrs them
to his Speech made to them on the said 28"1 day of
June, which Speech was, on the Same day, read in the
assembly, and referred to a Committee of the whole
house.
printed Min» ^n the first of November 1740, The House
N° 4,88. of Assembly, without doing any thing in
relation to the Riots, Sent a message to his Honnour
the President, Acquainting him that their house had
gone thro' all they could conveniently do, at that time,
and therefore desired His Honnour would be pleased
to dismiss them, which was accordingly done.
Depositions of Some time in June Last one Abraham
sheriff & un- Anderson was arrested by the High Sheriff
of Somerset County, by Virtue of a Writ
Issued out of the Supream Court of this Province, at
the Suit of the Executors of Daniel Coxe Esq,r & for
want of Bail, was Lockt up in the Prison of the said
County, and there remained untill the Second day of
1746] ADMINISTRATION OF PRESIDENT HAMILTON. 417
Decemb* following, on which Said Second day of
December a Body of men, to about the Number of
one hundred (who chiefly belonged to Newark in the
County of Essex, and Maidenhead in the County of
Hunterdon, which two places are about Fifty miles
a part, and both many miles distant from the said
Prison) did come to, & in a Violent manner break
open, the doors of the said Prison (having first, in a
haughty and imperious manner, demanded the pris-
oner) and then & there Set at Liberty the Said Abra-
ham Anderson, therein Confined—
The greatest part of those Rioters came from New-
ark, who on their return from Somerset formed a
Design of coming to Amboy, to pull down the house
Depositions of °^ Samuel Nevill Esq' one of the Judges of
sami Neviii the Court of Common pleas for the County
of Middlesex, if the said Samuel Nevill
Should refuse to deliver up, to Thomas Clawson, Cer-
tain Bonds, wherein the said Clawson Hood bound to
the said Nevill, for the payment of a Considerable Sum
of Money due to the said Nevil, as the Consideration
for a Tract of Land by him Conveyed to the said Claw-
son, which dessign Some of them were for putting in
Execution imediately, but others thought proper to
deffer it, till the said Bonds were first demanded of Mr
Nevill, and it was thereon agreed that the Demand
Should first be made, and if Mr Nevill refused to
deliver up the bonds, that their design should, then, be
put in Execution And accordingly on Friday follow-
ing, being the fifth day of December, the said Clawson
(and one other person with him) did come to the said
Mr Nevill and demand of him the bonds aforesaid,
Saying he would have them if he dyed for it
Minutes of On the 81!1 day of December The President
council Called together His Majesty's Council, and
Laid before them the information he had received,
concerning the breaking of Somerset Goal, and the
418 ADMINISTRATION OF PKESIDENT HAMILTON. [1746
Dessign against Mr Nevill,— who thereupon advised
his Honnour to Issue his Warrant to the Sheriff of
Middlesex, to aprehend the said Clawson, or any per-
sons that Should assemble themselves to Execute their
threats against Mr Nevill, and, if needfull, to raise the
Posse of the County, and to arm & array them in a
warlike manner, which Warrant was accordingly
Issued, and a Copy of it, and of the Instructions for
Executing the Same, are herewith
Minutes of His Honnour the President was pleased,
council at the Same time, by advice of Council, to
Issue a Proclamation, in his Majesty's Name, forbid-
ding all persons to Joyn with the said Rioters, or to
assist, Council or receive them, or any in Combination
with them, and Commanding the Sheriffs of the Sev-
eral Countys within the Province that, in Case any
Number of men Should unlawfully assemble them
Selves, in any of the Countys, to the Disturbance of
the Kings Peace, that they Should raise the Posse of
their respective Counties, to Suppress Such Unlawfull
assembly.—
1746] ADMINISTRATION OF PRESIDENT HAMILTON. 419
Letter from James Alexander and Robert Hunter
Morris, two of the New Jersey Council, to the
Lord's of Trade — giving an account of the Con-
dition of the Province.
[From P. R. O. B. T. New Jersey, Vol. V, F 81.1
Deer 24 1740
My Lords,
Upon the Death of Lewis Morris Esqr Late Governor
of New Jersey, The Administration of that Govern-
ment Devolved on John Hamilton Esqr the Eldest
Councillor, who being in a very ill State of Health has
requested us who are of his Majesty's Councill to Lay
the State and Condition of that Province before your
Lordships.
We therefore beg Leave to Acquaint your Lordships
That in Obedience to His Majesty's Commands Signi-
fied by his Grace the Duke of Newcastle to Raise a
Body of Troops in the Northern Colonys, to Act in
Conjunction with a Number of his Majesty's regular
forces against Canada, The President The Councill
and Assembly of New Jersey in June last Chearf ully
made provision for Raising 500 men, for Victualling
them, and for Transporting them to Albany the place
of Rendezvous — and Lent the Government £10,000 to
Enable the President to furnish them with Arms
Cloathing and other Necessarys.—
The President upon this gave Warrants to Several
Gentlemen to raise Companys and their diligence and
Success was Such that in Less then three Months, the
whole five Companys, were Complete, and on the 9l.h
of September Last arrived Safe at Albany with Pro-
vissions and all other necessarys, and Still continue
there and have Since been Supply'd with Provissious
Sufficient to Last them till the next Spring.
420 ADMINISTRATION OF PRESIDENT HAMILTON. [1746
[The internal Peace of the Province has been greatly
disturbed of Late by a number of people who have
Seated themselves by Sufferance on Lands for which
they have no title under the Crown of Britain and
have Set up a title to the Lands they possess under
Deeds procured from Indians without any Lycence for
that purpose from the Government.
These Indian purchases have been made in direct
Contradiction to the Eoyal Instructions agreed on at
the Surrender of the Proprietory Governments of that
Province to the Crown, and in open Contempt of two
Several Acts of the Legislation one passed in E Jersey
in 1683, Declaring Such Treatys with the Indians to
be Criminall & Seditious, and the other pass'd in 1703
Declaring them void and Laying a Severe penalty upon
all Concerned in making them.
This Pretended title these people have taken upon
them to Support by force and for that puipose great
numbers of them have associated themselves together
and engaged to defend each others possessions & to
hinder any Legal process from being Executed on them
in Consequence of which Association they have Com-
mitted Several great Eiots, have broke open the Goals
of the Countys of Essex and Somerset Dispossed
Several people of their Lands and Committed many
other disorders to the great disturbance of the Peace
of the Province and in High Contempt of the Kings
Authority and Laws.
Two of these Eiots Happen'd during the Illness of
the Late Governor who was So apprehensive of the
Consequences of them that he took all the prudent
Steps in his power to put a Stop to so great an Evil
And Eecomended it very strongly to two different
Assemblys. but the Government was too weak to
bring the Delinquents to Justice, and the Assembly
declined doing anything Effectually to put a Stop to
So dangerous an Evil what motives influenced them
1746] ADMINISTRATION OF PRESIDENT HAMILTON. 421
not to Joyn in the Measures proposed to prevent the
Like Riots for the future we dare not take upon Us to
Determine.]
Your Lordships will receive with this a State of the
Facts relating to the Several Riots and other disturb
ances of the Peace of the Province which will Let your
Lordships more fully into a knowledge of this matter
than we can pretend to do by a Letter. We have an-
nexed to it Some of the Vouchers of the facts therein
Set forth, but the Minutes of the Council & Assembly
which are the Chief Vouchers We have been only
.able to procure one Copy of them in the Short time
since the Presidents said request to us, which we now
Transmit to His Grace The Duke of Newcastle with a
Copy of the said State, our utmost Endeavours shall
be used to provide other Copys for your Lordships to
go by the next Ship which is expected to sail in a few
weeks.
[We would only Observe to your Lordship that as
the Infection is daily Spreading it will probably soon
over spread the whole Province of New Jersey, and get
into the two Neighbouring Provinces of New York and
Pensilvania and may in its Consequence greatly affect
the Dependance of the plantations on the Crown of
Britain if timely Measures are not taken Effectually
to stop it.]
The Officers of the Government of New Jersey have
been without any Support or Salarys to Enable them
to Execute their Offices ever Since September 1744 and
so they continue to be which we conceive to be Chiefly
occasioned by the Council and Late Governor's re-
fusals to pass an Act for making Current £40,000
pounds in bills of Credit, which Act was several times
past by the Assembly and as often refused by the
Council or Governor because they conceived it would
be greatly to the Destruction of the Properties of the
People of New Jersey and of all his Majesty's Subjects
422 ADMINISTRATION OF PRESIDENT HAMILTON. [1747
to whom they are or may be Indebted and because all
that time the frauds and abuses of paper Money in the
Plantations were under the Consideration of the Brit-
tish Parliament
We are Your Lordships Most Obedient
and most humble Servants
JA: ALEXANDER
ROB? H. MORRIS.
Right Honb.le Lords Commissioners for Trade & Plan-
tations
[Similar letter, dated Dec. 23d, to the Duke of New-
castle, is in N. Y. Col. Doc., Vol. VI. p. 326.]
Letter from Ferdinand John Paris to James Alexander.
[From Papers of F. J. Paris in the N. J. Historical Society Library.]
Surrj! Street, 14, Feb 17, 1746[-F]
Sir (Extract)
On Tuesday last yo? New Govr. (for the first Time,
for ab* 5 months, during all which [time] the Matter
had layd quiet) went to the Secretarys Office, & com-
plained, of the Delay, given to his Instructions, for
that he wanted to go over to his Governm1. as the now
next Month. They told him, very readily, why they
were stopt, viz* for Non payment of the Fees, & that
they wondered that, neither himself or his Agent,
had, in so great a Length of Time ever been after
them. He pretended to be. greatly surprised, at the
Cause of the Delay, and imediately deposited 200', &
told them, they had but to tell him, as any Money was
wanted, & it should be imediately supplyed. This
unexpected Supply sett the Wheels into Motion, &
there being a Council yesterday, his Instr'ns were then
approved, & signed. Those particular Instructions
1747] ADMINISTRATION OP PRESIDENT HAMILTON. 423
which You so much insist upon, for the Benefit of the
Proprietors, stood in the late Govr Morris's Instruc-
tions—the 89, 90, & 91'.' Instr'ns: They stand now
Verbatim, the 84 85 & 86^ in the present Govr Belcher's
Instr'ns * * * * So that, that part of Yor Affair
is quite over & I shall trouble You no further, in
Respect of the same, only to mention that Govr?
Brother in Law had been down, preaching, in York-
shire, for nearly 5 Months past, where, I doubt not, he
had represented the great Services done by the Govr
heretofore, to the Quakers in Boston, of the further
Services, that he was to do, to the Quakers in New
Jersey, & had, by that Means, as it is reasonably be-
lieved , raised this Supply; For the said Agent came
back, from that Expedition, but last Saturday Night,
& on Tuesday Morning, the GovF took this most unex-
pected Air, of being so very ready to pay the ffees for
his Commi" & Instr'ns, which but a Week ago every
Officer would have been extremely glad to have taken
half ffees for. * *
Mr. Catherwood yesterday, bro1 me Yor Favour of
the 29th Decr, & a Packet from Yor Good Self, contain*
Copys of the CouncilPs letters to the Duke of New-
castle & Lords of Trade, & state of Facts & other
Papers abo? the Riots in New Jersey.
If I apprehend the orders from Yo- Self & Mr Morris
right, All that I am to do is, to put the Ministers in
Mind of that Affair, which, from Time to Time, I will
do; but I have already told You that I do not expect
there will be leisure to consider Things, whicli arise at
so great a Distance from Us; And, if you can help or
succour, yor Selves, may be, imediately, without wait-
ing for Relief from hence, which will come very late,
if at all. You have not, precisely pointed out what
Relief You hope for, from hence, Other than mention-
ing, loosely the sending over Forces thither; As to
which, Our Great Men may possibly think, they can
424 ADMINISTRATION OF PRESIDENT HAMILTON. [1747
neither spare the Men or the expence, at this Time,
And if that is the Belief which You would have, I
despair of obtaining it, even if I had more express
Orders to sollicit it. * * * *
I think I have now answered every Part of yor sev-
eral Letters which I have reel1 and remain with great
Respect, S',
Your most obedient hble Serv*
Proceedings of the Council of New Jersey, March 19<A
1747.
[From Papers of James Alexander in Rutherfurd Collection, Vol. I, No. 4.]
Att a Council held at Perth Amboy in the Prov-
ince of New Jersey March 19th 1746 [1746-7]
PRESENT.
The Honb.le John Hamilton Esq1: Presid*
Robert Hunter Morris Edward Antill )
John Coxe f
* * •» #• *
His Honour Communicated to the Board a Letter
he Received this day from Col: Peter Schuyler dated
9th Inst. Acquainting him of the Number of Men in
1 FERDINAND JOHN PARIS was a lawyer of some eminence and great influence in
London. He had been Agent of the Eastern Proprietors for some years, in which
capacity he gave great satisfaction. In 1734, when the appointment of an Agent
for the Province was under discussion, he was an applicant for the position, but it
was given to Richard Partridge, the brother in-law of Governor Belcher, whom
1747J ADMINISTRATION OF PRESIDENT HAMILTON. 425
the Several Companys under his Command by Returns
made by the Cap*' of s* Companys, which he had
Transmitted to his Honour, And appears to be as
follows Viz*
In Cap* John Dagworthy's Company, Eighty five
private Men on Duty five Dead, Ten Deserted, which
with the three Commissioned Officers make in all One
hundred and three.
In Cap* James Parker's Company, Seventy two Pri-
vate Men on Duty one absent on Furloe, two in the
Fort at Albany, one discharged, Six dead Sixteen
Deserted which with the three Commissioned Officers
makes in all One hundred and one—
In Cap1 Nathaniel Ware's Company, Eighty two
Private Men on Duty, two absent on Furloe, one Dis-
charged, three Dead, fourteen Deserted, which with
three Commission'd Officers makes in all one hundred
& five.—
In Cap* Campble Stevens's Company forty seven Pri-
vate Men on Duty, four Absent on Furloe, five in the
Fort at Albany, twelve sick, twenty five Deserted
which with the three Commissioned Officers makes in
all Ninety-Six Men.
In Cap' Henry Leonard's Company, Eighty -five Pri-
vate men on Duty — five Dead, Ten Deserted which
with the three Commission'd Officers makes in all One
hundred & three.
he refers to. In a letter to James Alexander, under date of January 3 1st, 1731,
he said: "I could wish I had sooner known of the Legislature's Intention, and
had had the benefit of an Acquaintance or Correspondence with a larger Number
of the Council and Assembly than I have, for then I should have asked their
favour hi appointing myself to that office. As it is, I am promist the kind
recommendation of Some of my Friends in London, and was offered a recom-
mendac'on, also (If I could have accepted of iti to the new Uovr (Montgomerie)
But as I have often seen the Effects of our Colony's abroad appointing Agents
recomended (or rather named) by their Gov'r which are that such Agents are
pay'd by the Country: but act only for the Gov'r. I could not make a Step so con-
trary to my Judg'0^ as to apply to his £17 For I think a free People ought to be
represented by a free Agent." He was already Agent for Pennsylvania, which
may have operated against him. He continued to represent the Eastern Proprie-
tors till 1750. His papers were preserved by him in a systematic manner in books
and juntagM. and are now in the New Jersey Historical Society Library.— ED.
426 ADMINISTRATION OF PRESIDENT HAMILTON. [1747
Letter from David Ogden to President Hamilton —
transmitting affidavits, respecting the Riots.
[From P. R. O. B. T. New Jersey, Vol. V.|
Newark April 22* 1747
Sir
At the Request of Cheif Justice Morris I Drew the
2. Inclosed Affidavits which pursuant to his Desire to
Me I send you, the Last was drawn by the Directions
of the 2 Deponents therein mentioned, to whom I read
the same twice, who approved thereof, and then Signed
the Same. I sent it by them to Justice Bonnel, to
make Oath to the Same which they have done, this
day I received the same from Mr Bonnel, with the
Enclosed Letter from said 2 Deponents Desiring me
to alter the Addition to Mr Cross's Name therein Men-
tioned, which I Dont think Proper to take on me to doo,
after the Affidavits are Made And Signed, since Said
Addition is no ways material. I am Sorry Justice
Bonnel did not alter the Same before they Made Oath.
It was Currently reported among us the Begining of
Last week, that the Mob were Determined on Friday
last to turn Justice Daniel Cooper out of the Possession
of his House and Plantation, whereupon Several of the
Officers of Morris County both Civil and Military, with
others, to the number of about 100 went to the House
of Justice Cooper well armed with Guns &c. in Order
to meet the Rioters. And oppose them by force from
turning s? Cooper out of his Possession, the Mob or
Rioters hearing of the force Raised against them did
Not appear at that Day, but some say it won't be Long
before they will turn Justice Cooper and Many more,
out of their Possessions, which I believe will be the
Case Unless Some Speedy Care be taken to prevent
them.
1747J ADMINISTRATION OP PRESIDENT HAMILTON. 427
The Rioters have of Late given their Judgment in
favour of the York title, Against all others, being the
Grant of Mr Sonmans to Fanconiee & others which
may affect the Possession of a Great number of Inhab-
itants of Morris County if the Rioters Proceed as they
threaten, to turn those settled on 'the Lands contained
within said Grant out of their Possessions. Unless
they agree with the Grantee's of Sonmans or their
Assigns, this Proceeding of the Rioters seems at Pres-
ent much to animate the People of Morris County ag-
the Rioters, and I Believe they would in General Assist
the Authority in Suppressing them.
I have thought of the following Step to be taken at
this Juncture viz1. That a special Warrant Issue from
the Government, for the Aprehending those Persons
now in the Possession of Joseph Dalrimples Plantation
with an [Act?] of Committment to Morris County Goal,
and also an Order to the Sheriff of said County, to
Keep a Strong Guard at the Goal, which I hope will
have good Effect, not only to stop further Riots, in
that County, but also to Convince the Rioters in the
Several parts of this Province, that there are Men in
the County of Morris that Dare Oppose them, which is
Submitted to the Consideration of you and others con-
cerned in Suppressing those Rioters, by
Your Most Humble Serv?
DAVID OGDEX.'
Province of New Jersey ss. Joseph Dalrimple of
Morris County in the Province of New Jersey being
Duely Sworn before me Joseph Bonnel Esq' Second
was a grandson of John Ogden, one
of the original associates of Eltza-
/r bethtown, and the ancestor of sev-
(/ era! prominent men of New Jersey
in subsequent yearn. At the time under review he was a resident of Newark, and
a distinguished practitioner of the Law. Under his guidance an,i instruction
several eminent lawyers, connected with matters of importance to the Province,
attained toeminence in their profession. -Hatfleld's Klizabeth. Lamb's New York.
428 ADMINISTRATION OF PRESIDENT HAMILTON. [1747
Justice of the Supream Court of the Said Province of
New Jersey Saith that he for upwards of two years
Last past has been and Still is in the Possession of a
tract of Land Lying in Morris County being Part of a
Patent to William Dockwra for two thousand Acres
Lying in Pissiack River and that Said Deponent did
Settle on and Possess said Tract of Land for said
Dockwra's heirs under the Protection of the Council of
Proprieters of East New Jersey, and has Given his
Bond that he would at any time when Demanded
yield and Deliver up Said Possession to the heirs of
said Dockwra their Agents or Assigns, and this
Deponent further says that on the Thirtyeth Day of
March Last between the hours of ten and Eleven at
Night Some Persons unknown to this Deponent came
and knocked at the Door of his house when Said
Deponent asked who was there, Some one without
made answer, that his Name was Abraham Hendricks,
and wanted to Light his pipe, but this Deponent
having heard, that Some of the Persons Concern'd in
the Late Riots within this Province, in favour of
Indian Purchases, and against the Proprieters Titles
in this Province, had threatened to come that Day &
turn said Deponent out of his Possession of said Lands,
was fearful! Least the Rioters were then at Said De-
ponents Door, refused to Open his Door, that Imedi-
ately on Said Deponents Ref useing to open his Door he
heard the Voices of several persons, Demanding of
him to open the Same, threatning him if he Did it not,
that they would pull the Roof from off his house, that
Said Deponent then told said persons that he would
have them be Carefull in what they did Least they
Should Indanger the Life of his Wife, who was with
Child, and near Lying in, Some one or more of said
persons, then told said Deponent that he might be
thankfull because of the Condition of his Wife which
was his present protection, or words to that effect,
1747J ADMINISTRATION OP PRESIDENT HAMILTON. 429
that then Some of S? persons tried with Some Instru-
ments to push back the Bolt of the said Door, But
finding that Ineffectual they prised said Door from off
its Hinges, and ten or more of said persons came into
said house, and ordered said Deponent and his Wife to
go out of said House, with their Child, being about
one year Old; that said Depon? and his Wife Refused
to go out, when some of said Rioters said they would
turn them out by force, and one of them took hold of
the Wife of said Deponent and Desired her to Walk
out with him, when one Thomas Miller, who was with
said Deponent in his house and not of the Rioters,
begged they would Consider the Condition of s? Depo-
nents Wife, and not turn her out of Doors at that time
of the night, and this Deponent further saith, that
after a few minutes consideration said Rioters told him
and his Wife that they might Live in said house four-
teen days More and No Longer and Ordered said
Depon* in that time to get another Dwelling house for
him and his family and Leave said house, which If he
did not do, they would at the end of said fourteen
days come again and turn him and family out of
Doors; whereupon said Deponent replyed that he
would not go out, 'having Given Bond to Deliver up
the Possession to the Proprietors; Said Rioters then
Ordered Said Deponent not to Use or Improve any
part of Said Tract of Land for the future And then
Justifyed their course of proceedings in turning per-
sons Settled on Proprietors titles out of their posses-
sions, and wished they had began it Seven years past,
Saying it would have been for the Benefitt of the
Country, after some other Discourse passing, the said
Rioters went out of the House of said Deponent to
some others Standing without, when one of said Riot-
ers Called M? Cross, and said we Give you the Posses
sion of this Upper Lott, and to one William or Mr
Brested, take you possession of the other Lott, after
430 ADMINISTRATION OF PRESIDENT HAMILTON. [174?
Saying which words, they mounted their horses Rode
away Huzzaing; and this Deponent further Saith, that
his Wife Ever Since the Terror and fright af ^ has been
very ailing, and Indisposed as Scarce Not to be Able
to keep out of Bed, And this Deponent further saith,
that by what he could Judge from seeing said Rioters,
that their number was about thirty-five; of whom this
Deponent only knew Nathaniel Davis, James Hamp-
ton, and William Brested; And further this Deponent
Saith not,
JOSEPH DALRIMPLE
Sworn this fourth day of Aprile Anno Domi: 1747.
Before Me Joseph Bonnell
Province of New Jersey S? Thomas Miller and
Thomas McConnell of Baskingridge in the County of
Somerset and province of New Jersey being duly
Sworn before Me Joseph Bonnel Esq. Second Justice of
the Supream Court of said Province of New Jersey Say
that they are Well acquainted with a Tract of Land
where Joseph Dalrimple Lately Lived, Scituate Lying
and being in the County of Morris, and being Reputed
to be part of a Tract of Land patented to William
Dockwra, Lying On Pissiack River, and that to the
Said Deponents knowledge the same Tract of Land has
for upwards of five years Last past, before the Eighth
Day of April Instant been untill that time possessed
under the proprietors of the Eastern Division of New
Jersey, and the Deponents further say, that on the
thirtyeth Day of March Last past, Nath' Davis, Ja"
Hampton, W™ Brested and others, to these Deponents
unknown, about ten of the Clock in the Evening of
that day, came to the then Dwellinghouse of said
Joseph Dalrimple on said Tract of Land, with Clubbs
and after Demanding of the said Joseph Dalrimple to
1747] ADMINISTRATION OF PHESIDENT HAMILTON. 431
open the Door of said house, and Using several threats,
some of said Company broke open said door, and some
of them being about twelve, came into said house,
and ordered said Joseph and his wife to go out of said
house, which said Joseph then Refused, Saying he was
in possession of the Said House and Land under the
Proprietors of East New Jersey, and that he had given
his Bond to deliver up the possession thereof to William
Dockwra's heirs or Assigns; whereupon some of said
Rioters told said Joseph if he and his wife would not
go out they would turn them out by force, and at-
tempted to turn them out of Doors, when Thomas Mil-
ler one of said Deponents, Desired of said Rioters, that
they would consider the Condition of said Joseph's
Wife, who then being pregnant and Near Lying
in, And Not turn her out of Doors, At that
[time?] of the night and these Depon1.", further say
that after A few Minutes Consideration some of
said Rioters told said Joseph, that he Might
tarry in said house fourteen Days Longer from that
time And Warned him to go out by that time, or they
would then Come and turn him and his family out of
the possession of said house and Tract of Land, — And
said Deponent Tho- Miller further says, that some of
said Rioters Justified their proceeding in turning per-
sons out of their possession Settled under the pro-
prief" and Wished they had began it several years
past, Alledgeing that had they so done, the Country
by that time would have been in good order and said
Deponents do further say that being at the said Late
Dwelling house of said Joseph Dalrimple, on the
Eighth Day of April Instant, when they saw at said
house said Nath! Davis, Ja? Hampton and W™ Breested
and others to the number of about thirty persons with
Clubs who then Broke open s.d house of s* Joseph, and
turned s4? Joseph his Wife and Child out of his house,
and Likewise then Carried out of said house all the
432 ADMINISTRATION OF PRESIDENT HAMILTON. [1747
Household Goods of s? Joseph and then said Nath!
Davis who was then Called the Cap? of s? Rioters7
delivered the Possession of said house and Tract of
Land, to said Ja? Hampton and s? William Breestead,
part thereof to s? James Hampton as Tenant to John
Cross, Late A Prebiterian Minister of Baskingridge
af! and the other part thereof to W™ Breestead in his
own Right; And then Ordered s'? Joseph, not to molest
or Disturb said James & William in their Possession; and
s*? Depon1.6 farther say, that they verily beleive, from
the Discourse they heard from said Riots and since,
that said John Cross prompted encouraged and re-
quested s'J Rioters to Committ said Riots, having
heard and believe that sc? Jn° Cross treated & Rioters
with three Gallons of Rum, When on their way to
committ sc? Riots, and further say not
SWOEN this fifteenth day THO? MILLER
of April Anno Dom. THO* M° CONNELL
1T47 Before Me Joseph
Bonnel
SIR. After a due Consideration of our Information
to you, in refferaiice to the Mobe we allow all to be
right, only them few words relateing Mr Cross (Late
prisbiterian Minister of Baskingridge) which if it be
not blotted out, altho it be truth, is a reproach to that
Sec of people now amongst us, which we humbly re-
quest to be done, which will greatly Oblidge
April the 15th 1747. Sir. Your humble Servu
THO?. MILLER
THO? M°C/ONELL
1747] ADMINISTRATION OF PRESIDENT HAMILTON. 433
Representation of the Lords of Trade — respecting the
Partridge Petition for liberty to issue Bills of
Credit in New Jersey.
iFrom P. R. O. B. T., New Jersey, Vol. XV, page 168.]
To the King's Most Excellent Majesty
May it Please your Majesty
IN Obedience to your Majesty's Order in Council, of
the 7. of August 1746, We have had under Our Con-
sideration the humble Petition of Richard Partridge,
Agent for the Colony of New Jersey in America, set-
ting forth, " That the said Colony is greatly distress'd
" for want of a further Supply of Bills of Credit which
"the late Governor Morris, by the Royal Instructions
"was prohibited from emitting, without the Royal
" Licence. That now, in 'time of War, the said Colony
' * is destitute of a sufficient Supply of Arms, Ammu-
"nition &c? for their Defence against the common
" Enemy, and cannot readily raise the money for pur-
" chasing the same, without a further Emission of
"Paper Currency, as well as for the paym' of divers
" other publick Emergencies, for support of the said
" Government: That it would be greatly for the Ser-
" vice of your Majesty, as also of the said Province, if
4 ' Leave was granted to the Governor, to give his As-
" sent to the passing a Bill for the emitting the sum of
"£40,000, in publick Bills of Credit, on Condition that
' * the Value of the Bills to be emitted, be agreeable to
" an Act of Parliament, made in the sixth Year of the
" Reign of Queen Anne, for ascertaining the Rates of
" foreign Coins in America; The Petitioner therefore
" prays, that your Majesty would be graciously pleased
"to grant an Order of Leave to the said Governor, or
" the Commander in Chief for the time being, to give
29
434 ADMINISTRATION OF PRESIDENT HAMILTON. [1747
" his Assent to the passing an Act for emitting the
"Sum of £40,000 in Paper Bills of Credit;" And hav-
ing upon this Occasion been attended by the said
Petitioner, We humbly take Leave to represent your
Majesty,
That, in order to prevent inconveniencies that might
arise, from passing Acts in your Majesty's Colonies &
Plantations in America, for striking Bills of Credit
and issuing the same in lieu of Money, Instructions
have been given by your Majl.y from time to time, to
the several Governors of the said Colonies and Planta-
tions; directing them not to give their Assent to, or
pass any Act in their respective Governm*8 whereby
Bills of Credit might be struck or issued in lieu of
money, without having a Clause inserted in such Act
declaring that the same should not take Effect, until
approved and confirm'd by your Majesty your Heirs or
Successors.
That an Instruction to this Effect, was given by
your Majesty to Lewis Morris Esq^" late Governor of the
Colony of New Jersey, and has been further continued
by your Majesty to Jonathan Belcher Esq^ the present
Governor of the said Colony.
That the said Petition sets forth, that the said Col-
ony is greatly distress'd for want of a further Supply
" of Bills of Credit, which the late Governor Morris,
"by the Royal Instructions was prohibited from suffer-
" ing to be emitted, without the Koyal Licence," which
is not agreeable to the true intent and Meaning of the
said Instruction, for as much as your Majesty's Gov-
ernor is not thereby restrain'd from giving his Assent
to the passing any Act, upon any Emergency, for
emitting such a Sum of Money in Bills of Credit, as he
shall judge the Circumstances of the Province may
require, provided he take Care, that there be a sus-
pending Clause inserted therein, to the End that your
Majesty may judge of the Necessity of the Service, for
1747] ADMINISTRATION OF PRESIDENT HAMILTON. 435
which the said Bills are emitted, and that there are
proper Funds settled in the said Act for calling in and
sinking the Bills to be thereby emitted.
And as it does not appear to Us that the said Peti-
tioner had any particular Authority or Instructions
from the Legislature of the Colony of New Jersey to
make such Application to your Majesty, and as the
altering the Tenor of the said Instruction may be at-
tended with Inconveniencies, We see no Reason why
your Majesty should comply with the prayer of the
said Petition.
Which is most humbly submitted
MONSON
J. PITT
B. L. GOWER
Whitehall FRAN FANE
April 29. 1747 R. PLUMER.
Proceedings of the Council, May 6th and 9th, 1747,
and Message of President Hamilton to the House
of Assembly of New Jersey, luith their ansiver.
[From the Papers of James Alexander in Rutherfurd Collection, Vol. III., No. 4
and No. 20.]
At a Council held at Perth Amboy in the Prov-
ince of New Jersey May 6l.h K47
PRESENT
The Honb!e John Hamilton Esqr Presid*
John Reading John Rodman )
Robert Hunter Morris j
His Honour the President Laid before the Board the
Draught of a Message he Proposed to Send to the
House of Assembly & Desired their Advice upon it,
And the s? Message being taken into Consideration
436 ADMINISTRATION OF PRESIDENT HAMILTON. [1747
the same was Approv'd of & his Honour was Advis'd
to Send it to the Assembly by the Clerk which he did
& the s? Message is in the following Words Viz*
Gent, of the Assembly
His Majesty's Service & the Safety of the Province
made it Absolutely necessary for me to Call you
together at this Time & my own bad State of Health
Oblidges me to Meet you at this Place.
The Provisions Supplyed to the Forces Raised in this
Province now Quarter'd at Albany have been for some
Time Expended & the Cloaths that were furnish'd
them with the money Lent the Government are.for
the most Part worn out as You will Observe from Col:
Schuylers Letters to me which I have Ordered to be
Laid before You. • By an Express from Col: Schuyler
which Arrived on Monday Last I have Received Infor-
mation that the five Jersey Companys have Mutined
& taken a Resolution to Go off with their Arms &
Baggage, if they do not Receive his Majesty's Pay that
was Promis'd them at their Inlistment, I have Ordered
this Letter to be Laid before you & the two Officers
that Col: Schuyler has Sent Express on this Occasion
to Attend you And by them you will find it next to
impossible to keep those men longer together without
at least some Part of their Pay.
As these Troops were Raised in Pursuance of his
Majesty's Orders & have been kept together to wait
his further Directions I must Recommend it to you to
make such Provision for the Paying, Subsisting &
Cloathing them as may be necessary to keep them in
a Readyness to march whenever his Majesty shall think
it fit for the Interest of his Dominions to Give Orders
for that Purpose.
The Distracted Slate of the Province, Occasioned by
the many great Riotts, Oblidges me again to Call on
you, to Take some Vigorous Measures, to Punish
1747] ADMINISTRATION OF PRESIDENT HAMILTON. 437
those daring Disturbers of the Publick Peace; these
People have Grown strong and numerous, by Passing
so long with Impunity; for besides those two great
Riotts at Newark, which happened in the Late Gover-
nor's Life time, & which were Recommended to you
by him, there have been since, so many bold & Daring
Attempts made, to Throw off his Majesty's Authority,
& their Dependance on the British Throne, that They
Call Loudly for the Severe Resentment of the Legis-
lature.
These bold People have, in a Publick Manner,
denyed his Majesty's Title to New Jersey: they have
Refused to Pay Obedience to his Laws, & have Pub-
lickly Contemn'd his authority; They have broke open
his Goals, Beat & abused his Officers and Ministers of
Justice, Turned People out of the Quiet Possessions of
their Lands, and Putt others into their Places; They
have Associated themselves together, in Defyance of
the Government, have frequently met in great Num-
bers, and Marched from one Part of the Province to
another, Insolently giving out, that They are so strong
& numerous, as not to be afraid of any Force the Gov-
ernment are able to bring against them ; All the Steps
that it was prudent, & in the Power of the Govern-
ment, have been taken to bring the Criminals to Jus-
tice, j^Putt a Stop to so dangerous & growing an
Evil; Wit these Measures have all Prov'd ineffectual,
and have only Occasion'd fresh Riotts & Contempts of
His Majesty's Authority; in Consequence of which,
the Course of Common Justice has been for some Time
at a Stand; These Matters are all so Publickly known,
that Particular Proofs are needless; however I have
Ordered the Several Letters and Papers, relating to
those Disturbances, to be laid before you for your
Peru seal.
I must Observe to you, that it is impossible to sup-
pose Great Brittain will Part with, so Valuable a
438 ADMINISTRATION OF PRESIDENT HAMILTON. [1747
Colony as New Jersey; or that his Majesty will Suffer
his Authority & Laws, to be Trampled under Foot, in
any Part of his Dominions, tho' ever so Remote from
his Royal Person; & the attempt to do it, is certainly
as vain, as it is weak & wicked. If the People of New
Jersey will not be Govern'd by the mildest of Laws,
They, Themselves will thereby Render it necessary to
Govern them by Force; for, we Cannot Suppose that a
British Parliament will Suffer these Things long to
Pass with Impunity.
My Duty to his Majesty, & my Regard for the Safety
of the Province, Oblidges me to Recommend this Mat-
ter to your most serious Consideration; And as any
the Least Delay, in a Matter of this Importance, will
be of dangerous Consequence, I hope you will Proceed
with the Utmost Dispatch, in such Measures as may
be most Conducive, to Restore the Peace of the Prov-
ince; and by severe Laws, prevent the like Disturb-
ances for the Time to come. *****
JOHN HAMILTON.
At a Council held at Perth Amboy in the Province
of New Jersey, May 9th, 1747 * * *
His Honour the President Laid before the Board a
Message from the House of Assembly which he had
Receiv'd by two of their Members, and which is in the
following Words—
May it Please your Honour
When your Honour in June Last Recommended the
forwarding the Expedition ag* Canada it is well known
to your Honour We readily went into such Measures
in Complyance with his Majesty's Pleasure Signifyed
to Us by the Duke of Newcastle's Letter then, Laid
before Us that We not only Provided Provisions for
five hundred Men rais'd in this Colony which was all
his Majesty Required from the Province, but over &
above gave a Bounty of Six Pounds a Man to each
1747J ADMINISTRATION OF PRESIDENT HAMILTON. 430
Man so to be Inlisted to Incourage their Inlistment
And at the same Time We Pass'd a Bill for the making
Current ten thousand Pounds to Enable your Honour
to Cloath & Arm the s1? Forces, All of the sa. £10,000
We Cannot Learn is yet Expended.
This We beg Leave to Observe to your Honour as
such a Mark of our Zeal for his Majesty's Interest as
We are not informed that any of Our Neighbouring
Provinces have Gone into.
At that Time there was nothing mentioned in the
the Duke of New Castle's Letter nor by your Honour
Recommended to Us of Paying those Forces and this
House having already Exerted themselves to the Ut-
most Ability of the Colony they are in no Condition of
doing it at present.
We are very sorry to hear there is such an Uneasi-
ness amongst the Forces, but as We are daily in Ex-
pectation of hearing from home at which Time We
make no Doubt but they will Receive their Pay &
Cloathing from his Majesty agreeable to the Duke of
New Castle's Letter above mentioned. And as That
wa!s the Condition on which they Inlisted into this Ex-
pedition And as we have now granted them a third
Supply of all necessary Provisions We hope that They
will behave themselves like reasonable Men & Return
heartily to their Duty in his Majesty's Service
As to the Matter of those Riots lately Committed in
this Province, and Recommended to Our Consideration,
it is with great Concern and Abhorrence We Look
upon those Proceedings, Esteeming them to be of very
ill Consequence; & shall willingly do Our Duty in
Joyning with the other Branches of the Legislature,
for the making proper Laws for Suppressing such Pro-
ceedings, & discourageing the like for the future; But
as the Doing Thereof will Require great Consideration,
& more time than we have at present, being now only
Call'd as we understand, to make some further Provi -
sion for the Forces, which we have Chearfully done.
440 ADMINISTRATION OF PRESIDENT HAMILTON. [1747
We hope those Riotous Proceedings may not be Con-
tinued; but if They should, at Our next Meeting We
may have more Time to Consider and Transact these.
& the other affairs of this Province: & doubt not, but
that in the mean Time, Your Honour will take all pru-
dent Measures, to Stop the Growth of those Proceed-
ings, & do what shall be most proper and needful, un-
til the same can be remedied, by some Act or Acts of
the Province.
And with Respect to the Support of the Government
by your Honour's Message Recommended to Our Con-
sideration, We beg Leave to Say We have done what
is in the Power of this House, that at Our Last Sitting
here on the 23d of October past A Bill for the Support
of this Government was Carryed up to the Council &
Delivered to the Speaker in Council for the Council's
Concurrence, since which this House has not had any
Account or Information concerning the sd Bill & there-
fore they Conceive that they have done their Duty in
this Respect.
And as a Bill has now Pass'd this House by the
Council to make Curr? £1000 in Bills of Credit for tne
further Victualling & Provideing for the Forces &c
The House Desires your Honour's Assent to the Same
And there being no other Business at present before
the House They Pray your Honour to Dismiss them.
By Order of the House
THOS BARTOW 01:
Upon which his Honour Desired to be informed
what Bills or other Business was before the Council as
a Branch of the Legislature And the Board Informed
him that takeing into their Consideration the many
great Riotts & other Breaches of the Publick Peace
They Thought it their Duty to Perfect some Law to
Prevent things of that kind for the Time to Come &
to that End had Ordered a Bill to Prevent Tumults &
Riotous Assemblys to be brought into their House
1747] ADMINISTRATION OF PRESIDENT HAMILTON. 441
which was accordingly done & the same had been
twice Read & stood Committed, that they should have
gone through & Pass'd the s(1 Bill but they found so
great an Unwillingness in the house of Assembly to
Proceed to any Business at this Time but that of make-
ing Provision for the Troops that they Judg'd it vain
to Attempt any other.
And his Honour then Desired the Opinion of this
Board & their Advice what was proper for him to do
on this Occasion.
Whereupon the Board Declared that they Look'd
upon it to be the Duty of every Branch of the Legis-
lature to Exert themselves with the utmost Vigour to
Enable the Government to bring to Justice the Per-
sons Concern'd in the Late Disturbances & that they
were willing & ready both as a Council of Advice & as
a Branch of the Legislature to do every thing that
should be thought most Conducive to that End, That
they were sorry that the House of Assembly would
not Joyn in any Measures at this time to Give a Check
to so Dangerous & Growing an Evill, but since they
were Determined not to do any thing at this time It
was to no Purpose to keep them together and there-
fore Advised His Honour to Give them Leave to Ad-
journ themselves till monday 251?1 day of this Inst.
Letter from Governor Clinton of New York to Col.
tichuyler, of the New Jersey Forces.
I From N. Y. Col. Docts.. Vol. VI, p, 863. J
New York 6th May 1747
Sir,
I cannot forbear to let you know that I think you
have been veiy imprudent in taking the steps you have
lately done, in offering full pay to the men under your
command without my knowledge or consulting with
442 ADMINISTRATION OF PRESIDENT HAMILTON. [1747
the other officers. For if it was in your power to do it;
it can not be proper, since in the opinion of His Maj-
esty's Council of this Province the retaining the great-
est part of the arrears due, till his Majesty's pleasure
be known, is the most effectual method at present to
prevent desertions, & on this I have the concurrent
opinion of the President of the Council of the Jerseys
(as I believe) by the advice of the Council there. Be-
sides as it impossible to pay all the forces their whole
pay at this time, any difference in the pay of one part
from the other must occasion disorders & mutiny. I
must likewise tell you that keeping up any kind of
distinction in the pay or command must occasion con-
fusion and disorder, of which you are to take notice &
take care to prevent any room for complaint. I have
ordered 40s per man to be paid to each private man of
the New Levies without distinction in what Province
the levies were made, and I have promised to pay
them 20s pr month till His Majesty's pleasure be
known
As I believe that what you did proceeded from a
Zeale to the service without duly considering the
consequences of the step you took, I hope your future
conduct will convince me of the truth of my sentiments
of you, and am, Sir
Your very humble Serv*
To Coll Peter Schuyler of the New Jersey Forces.
1747] ADMINISTRATION OF PRESIDENT HAMILTON. 443
Order of the I^ords of the Committee of Council upon
a Petition of Jonathan Belcher, appointed Gov-
ernor of New Jersey— relative to his salary.
[From P. R. O. B. T. New Jersey, Vol. V, F. 88.1
At the Council Chamber Whitehall the 9th day
of May 1747.
By the Right Honourable the Lords of the Com-
mittee of Council for Plantation Affairs.
His Majesty having been pleased, by his Order in
Council of the 17tu of last Month, to referr unto this
Committee, the humble Petition of Jonathan Belcher
Esqr His Majestys Governor of Nova Ceesarea or New
Jersey, humbly praying, in case the Assembly of that
Province should not settle a fixed Salary on him during
the whole time of His Government, as directed by the
twenty Sixth Article of His Majestys Instructions to
him, That His Majesty would be graciously pleased to
Empower him to give his Assent to such Bills as shall
be annually passed by the said Assembly, for paying
him a Salary as Governor and Commander in Chief,
in like manner as His Majesty was pleased to give to
the Governor of the Massachusets Bay on a like occa •
sion. The Lords of the Committee this day took the
said Petition into their Consideration, and are hereby
pleased to referr the same (a Copy whereof is hereunto
annexed) to the Lords Commissioners for Trade and
Plantations, to consider thereof and Report their
Opinion thereupon to this Committee.
TO THE KING'S MOST EXCELLENT MAJESTY, IN COUNCIL
THE HUMBLE PETITION of Jonathan Belcher
Esqr Your Majestys Governor of Nova
Caesarea or New Jersey—
Sheweth,
That by the 19th Article of Your Majestys Instruc-
tions to Your Petitioner he is restrained from giving
444 ADMINISTRATION OF PRESIDENT HAMILTON. [1747
his Assent to any Act for payment of Money either to
himself as Governor or Commander in Chief or to any
other Person whatsoever except to Your Majesty Your
Heirs and Successors without a Clause be inserted in
such Act declaring that the same shall not take Effect
untill the same shall have been approved and confirmed
by Your majesty Your Heirs or Successors.
That by the 26th Article of Your Majestys said In-
structions Your Petitioner is directed to propose unto
the Assembly at their first Meeting after his Arrival
and to use his utmost Endeavour with them that an
Act be Passed for raising and settling a Publick Rev-
enue for defraying the necessary charge of the Gov-
ernment and that therein Provision be particularly
made for a competent Salary to Your Petitioner as
Governor and Commander in Chief for Supporting the
Dignity of the said Office.
That although Your Majesty was Pleased to give the
like Instructions to Your Petitioners immediate Pre-
decessor M^ Morris Yet he was never able to prevail on
the Assembly to settle any Salary upon him otherwise
than from Year to Year and in that manner he re-
ceived it without inserting in the Act for granting the
same a Clause to Suspend its taking effect till Your
Majesty should have approved the same.
That if Your Petitioner should be so unhappy in his
Endeavours as not to be able to prevail with the As-
sembly to settle a Salary on him as directed by the 26th
Instruction aforementioned Your Petitioner will in that
Case as he apprehends be restrained by the 19th Article
of the Instructions as aforementioned from reaping
any Benefit from any Act the Assembly shall think
proper to pass annually for his Support until the said
Act shall have been transmitted to Your Majesty and
Your Majestys Approbation of such Act declared and
signified thereupon to Your Petitioner which^ must
necessarily protract a great length of time and Your
1747] ADMINISTRATION OF PRESIDENT HAMILTON. 445
Petitioner will be by that means left without any Sup-
port during all that time, there being no Salary pay-
able in England to the Governor of this Province he
Ix-ing left dependent on the Will and Pleasure of the
Inhabitants for such Allowance as they shall think
proper to make him.
That Your Majesty was pleased on a like Occasion
which happened in the Province of Massachusets Bay
to empower the Governor, in Case the Assembly
should not settle a fixed Salary on him and his Succes-
sors or at least on him during the whole of his Gov-
ernment, to give his Assent to such Bill as should be
annually passed for paying to him such Salary as is
therein mentioned, until Your Majestys Royal Pleasure
should be Signified to the contrary, Provided such Act
was the first that should be passed by the Assembly of
the said Province before they proceeded upon the
other Business of that Session wherein such Act should
be Proposed a Copy of which Instructions is hereunto
annexed
Wherefore Your Petitioner most humbly Prays that
Your Majesty will, be graciously Pleased to grant
Your like Royal Order of leave to him. And Your
Pet' shall ever Pray
446 ADMINISTRATION OF PRESIDENT HAMILTON. [1747
Letter from James Alexander and Robert Hunter
Morris, two of the Council of New Jersey, to the
Lords of Trade, at the Request of President Ham-
ilton.
[From P. R. O. B. T. New Jersey, Vol. V, F92.|
New York May 10th 1747
The Eight Honourable To The Lords Commis-
sioners for Trade and forreign Plantations
Whitehall
May it please your Lordships
At the request of John Hamilton Esq1: President of
the Council & Commander in Chief of New Jersey
(who was disabled by his ill State of health to write)
we had the honour of writing to your Lordships in
December Last by the Ship Oswego the State of the
Province of New Jersey with some papers concerning
it which as that Vessel we hear is arrived we doubt
not are come to your Lordships hand.
At the Like request and for the same reason by the
Snow Prince William in ffebruary last we wrote to
your Lordships with coppies of what we sent by former
and with Coppies of all the Minutes of the Council &
assembly from the time that coppies thereof had before
been sent.
At the like request & for the same reason we are
now sorry to acquaint your Lordships that the inter-
nal disorders of New Jersey are daily encreasing with
the Number of Rioters & Riots and that the course of
Justice is at a stand, That the General Assembly is
once more called & mett Chiefly to see if they will as
yet Join in proper measures to put a check to those
disorders.
1747J ADMINISTRATION OF PRESIDENT HAMILTON. 447
We ID close herewith to your Lordships Coppies of
the Minutes of Council since the Last Sent (by which
& what we formerly wrote is approved of) with the
Presidents speech to the Assembly & some other
papers showing the Continuance & Growth of the dis-
orders We are
May it please your Lordships
Your Lordships
Most Obedient & Most humble Servants
JA. ALEXANDER
ROBTT H. MORRIS
[On the 23d May they wrote again at the request of
the President, sending duplicates of the documents
transmitted.]
Letter from President Hamilton to Colonel Peter
Schuyler, commanding the New Jersey Forces.
[From Original Draft among Papers of James Alexander in Rutherf urcl Collection ,
Vol. I, No. 4.1
To Coll. Schuyler Commander of the Forces [of
New Jersey] at Albany
[Perth Amboy May 11th 1747.]
Sir,
I have yours by Cap" Dagworthy & Leonard of the
30l.h of April and am Exceedingly sorry to hear of the
General Mutiny of the Troops under your Command
& more so that they have any Reason for it. I am
Concerned that it has not been in my Power to Com-
ply with the Terms Proposed to them at their Inlist-
ment, but Cannot blame myself on that Account. I
esteem their Pay Secure because they have his Majes-
ty's Promise for it Signify ed by his Secretary of State
448 ADMINISTRATION OF PRESIDENT HAMILTON. [1747
And I hope they will not do any Act that may forfeit
his Majesty's Favour which Leaving their Station will
certainly be.
I approve your Zeal for his Majesty's Service in
Endeavouring to Prevent the Troops from Comeingoff
and in Generously Offering to Engage your own pri-
vate Creditt to procure money for the Pay of the Jer-
sey Companys, but must Observe to you that had they
Accepted of that money it would in all Probability
have Occasioned a Mutiny in all the Rest of the
Troops at Albany who were not paid in the same man-
ner And as it is next to impossible to Procure money
Sufficient in so short a time to Pay the Troops their
whole Pay so I think it would be Prejudicial to his
Majesty's Service to do so because they would then De-
sert in great Numbers Whereas their Receiving a Part
of their Arrears & a monthly Allowance 'till his Maj-
esty's Pleasure Could be known will certainly be best
upon all accounts Especially if you Consider that they
are f urnish'd with Provisions & Cloaths at the Expence
of the Province.
Before this Reaches you, you will Receive Directions
from Govr Clinton as to the Pay of the Troops under
your Command upon the same Terms on which the
York & other Troops Quartered at Albany are to be
Paid, and as his Excellency has on this Occasion
Exerted himself & Engaged his own Creditt to Pro-
cure money Sufficient to Advance 40s. York money to
the Troops in Part of their Arrears & 20s p? month till
his Majesty's Pleasure is known I hope the Jersey
Troops will Shew a good Example to the other Forces
by Returning to their Duty & Accepting of what is
Offered them and I must Recommend it to You to Use
the Influence you have Deservedly Acquired among
them to Induce them so to Do
I Laid before the Assembly, your Letter to me &
Ordered your two Officers to Attend them & they have
1747] ADMINISTRATION OF PRESIDENT HAMILTON. 440
Given a further Supply of Provisions as you will See
by their Votes which I Send you inclos'd
I must also Inform you that upon your Representa-
tion of the Great Want the Men are in of Shirts &
Shoes I have this day Ordered two Speckled Shirts &
one Pair of Shoes to be made for each of the Men
under your Command & to be Sent to You with all
Dispatch imaginable, which You will Deliver to them
when they Return to their Duty
I am itec.
Order of the Lords of the Committee of Council — re-
ferring to the Lords of Trad',' a Petition of Jona-
than Bdchei\ appointed Governor of New Jersey,
for permission to be absent front his Government
two or three months, to visit New England.
[From P. R. O. B. T. New Jersey, Vol. V. FSfl.|
At the Council Chamber Whitehall the 19? of
— • — * May 1740.
| L s ( By the Right Honourable the Lords
*-— * of the Committee of Council for Plan-
tation affairs—
His Majesty having been pleased by His Order in
Council oif the 161.11 of last Month, to referr unto this
Committee the Memorial of Jonathan Belcher Esq. His
Majestys Governor of the Province of New Jersey,
humbly praying, for the Reasons therein contained,
that His Majesty will grant him His Royal leave to be
absent for Two or Three months, at such time or times
as may necessarily require his going to New England,
taking such Time and Season as may be the least
prejudice to His Majesty's Service; And in regard the
Memorialist has no appointment from the Crown, and
30
450 ADMINISTRATION OF PRESIDENT HAMILTON. [1747
the Salary of the Province is very slender, the Memo-
rialist further prays that His Majesty would be gra-
ciously pleased to dispence with that part of the 30th
Article of his Instructions, which gives one full moiety
of the Salary to the Lieutenant Governor or Com-
mander in Chief during the absence of the Memorialist
from his Government; The Lords of the Committee
this day took the same into their consideration, and
are hereby pleased to referr the said Memorial (a Copy
whereof is hereunto annexed) to the Lords Commis-
sioners for Trade and plantations, to consider the same,
and Report their Opinion thereupon to this Committee.
W. SHARPE
To the Kings most Excellent Majesty in Council
The Memorial of Jonathan Belcher Esqf your
Majestys Governor of the Province of New
Jersey—
Humbly Sheweth
That by the 30th Article of your Majestys Instruc-
tions to your Memorialist it is Provided that during
the Time he may happen to be absent from the
Province of New Jersey one full Moiety of the Salary
and of all Perquisites or Emoluments of Government
whatsoever shall be paid unto the Governor Lieuten-
ant Governor Commander in Chief or President of the
Council who shall be resident upon the Place for the
time being—
That as your Memorialists Family reside at Massa-
chusets Bay in New England which is about four hun-
dred miles from New Jersey and what little Fortune
he is possessed of, likewise lies there, which may upon
particular Emergencys require his going thither —
Your Memorialist therefore humbly prays your
Majestys Royal leave to be absent for two or three
1747] ADMINISTRATION OF PRESIDENT HAMILTON. 451
months at such Time or Times as may necessarily re-
quire his going to New England, taking such Time
and Season as may be the least prejudicial to Your
Majestys Service, and in regard Your Memorialist has
no appointment from the Crown and the Salary of the
Province is very slender that your Majesty would be
graciously pleased to dispence with that part of the
30V1 Article of the said Instructions which gives one
full Moiety of the Salary to the Lieutenant Governor
or Commander in Chief during the absence of your
Memorialist from his Government And Your Memo-
rialist shall ever pray &c?
J: BELCHER
Letter from Governor Clinton of New York to the
Duke of Newcastle — about the payment of troops.
(From N. Y. Col. Docte., Vol. VI, page &I9.J
New York 23 May 1747
May it please Your Grace,
Besides the other reasons for my paying some part
of the arrearages due to the forces levied on the expe-
dition designed against Canada, Mr Schuyler who (it is
said) has a Commission from the President of New
Jersey to Command the forces levied in that govern-
ment, his giving out that he would pay the whole of the
arrearages due to them under his command, made it
absolutely necessary to do at least what I have done.
As soon as I heard of the mutinous disposition
among the forces at Albany I was at the same time
informed that Mr Scuyler had given out that he was
resolved to pay the troops (under his command) the
whole of the arrearages due to them, I informed the
Pivsidi nt of Jersey of my resolution by the advice of
His Majesty's Council of this Province to pay 40" pr
452 ADMINISTRATION OF PKESIDENT HAMILTON. [1747
man in part of what was due to the forces at Albany
without distinction of what Colony they belonged to,
& to continue to pay 20s pr. man monthly, till such
time as His Majesty's pleasure should be signified
to me
I informed him likewise that it was not thought
advisable to pay the Men their whole pay at this time
supposeiog that money sufficient could be procured
for that purpose, which however it is thought could
not be obtained, because there would then be no tie to
prevent their desertion
The President & Council of the Jerseys approved
of these reasons, & wrote a letter to Mr Scuyler^ of
which a copy was inclosed to me, wherein they re-
quired him to conform himself to such directions as he
should receive from me. Notwithstanding this he has
paid the forces under his command, the whole of their
pay, & the officers of the other forces there inform me
that M!' Scuyler's paying the New Jersey troops in this
manner is the principal reason why the greatest num-
ber of the other forces & chiefly those levied in this
Province remain discontented & mutinous, & refuse to
receive less than their whole pay.
Your Grace must likewise be sensible how contrary
it is to the discipline of the army for any Officer which
is in my government (& undoubtedly while there under
my command) to act in direct contradiction to my di-
rections, especially in a matter of such general con-
cern, & likewise to the orders which he had received
from his own government.
This must consequently introduce confusion, & I am
informed speeches were given out by his men that
they would receive no pay of the Governour of New
York, because if they did then they would be under
his command, which they were resolved not to be.
All these things, with many others of a different
kind, shew what danger this Province may be in from
1747] ADMINISTRATION OF PRESIDENT HAMILTON. 453
the artifices of a prevailing faction at this time, &
how prejudicial it may be to his Majesty's service
every where in North America'
It must weaken exceedingly my administration if
this money be paid, without Mr Scuylers making ap-
plication to me, with an acknowledgment of his fault
at least, & desiring my intercession in order to obtain it
I must beg your Graces forgiveness of all faults on
account of the hurry I am in.
I am with the greatest respect My Lord
Your Graces most obedient and
most humble servant
G CLINTON
To his Grace the Duke of Newcastle.
Report of the Lords of Trade — on the the Petition of
Jonathan Belcher referred to them, as above On
the 19 th of May.
[From P. R. O. B. T., New Jersey, No. 15, Ent: Book D, p. 162.]
To the Right Hon?e the Lords of the Commit-
tee of His Majesty's most Hon1?0 Privy
Council.
My Lords,
Pursuant to your Lordships Order of the \&* instant,
We have taken into Our Consideration, the Memorial
of Jonathan Belcher Esq^ His Majesty's Governor of
the Province of New Jersey, " humbly praying, for the
1 In a postscript to a letter to the Dukp of Newcastle, dated UOtb May, Governor
Clinton wrote: "I have this instant received an expreas from Albany y't all the
, new levyes are all up in mutiny for their pay tlio' they have Just rec'd the 40s a
man. This prejudice the men have imbib'd from ye president of ye Jersyes troops
being paid is a difficulty not to be surmounted but by acting In ye same manner.
This Col. Peter Schuyler did on his own account, contrary to my orders & ye
orders he received from ye President & Council of his own government, and hopo
may suffer for it " N. Y. Col. Docts., Vol. VI, p. 851. and again referred to it under
date of July 28d, Vol. VI, p. 857.
454 ADMINISTRATION OF PRESIDENT HAMILTON. [1747
4 'Reasons therein contain'd, that his Majesty will
" grant him his Royal Leave to be absent for two or
"three Months, at such time or times as may neces-
' ' sarily require his going to New England, taking
" such time and Seasons as may be the least Prejudice
"to His Majesty's Service, and in Regard the Memo-
" rialist has no Appointment from the Crown* and the
"Salary of the Province is very slender, the Memorial-
" ist further prays that His Majty would be graciously
" pleased to dispense with that part of the 301!1 Article
"of His Instructions, which gives one full Moiety of
"the Salary to the Lieutenant Governor or Com-
" mander in chief, during the Absence of the Memo-
" rialist from his Government; "
Whereupon We take Leave to Acquaint your Lord-
ships,
That We are of Opinion that such a general Leave
of Absence as is desired by the said Memorial, may be
attended with inconveniences to the Province, and
that it will be more reasonable for the GovV to apply
to His Majesty for a particular Licence, whenever his
private Affairs May necessarily require his going to
New England: We must likewise further acquaint
your Lordships,
That in all and every of His Majesty's Colonies and
Plantations in America, Provision is made by His
Majtys Instructions to the respective Governors there-
of, that when it shall happen, in any Case whatever
that they shall be absent from their Governments, one
full Moiety of the Salary and of all Perquisites and
Emoluments whatever, which would otherwise become
due unto them, shall, during the time of their Absence,
be paid unto such Governor, Lieutenant Governor,
Commander in Chief, or President of the Council, who
shall be resident upon the Place for the time being, in
order for the Support of the dignity of Government,
which said Instruction appears to Us, to be wisely cal-
1747] ADMINISTRATION OF PRESIDENT HAMILTON. 455
culated for the better carrying on of His Ma]1?1 Ser-
vice, and to be a just and reasonable Provision, for as
much as without such Allowance, the Person upon
whom the Gov? would devolve, in case of the Absence
of the Governor, would be laid under great Difficulties
and Hardships, and Administration become burthen-
some and expensive; We cannot therefore recommend
to your Lordships to advise His Majly to comply with
the Prayer of the Sd Memorial. We are &c.
Dupplin Monson
R Plumer B. L. Gower
Whitehall Fran. Fane
May 28. 1747
List of Rioters in Somerset and Middlesex Counties,
1747.
[From Papers of James Alexander In N. J. Hist. Society Library, Vol. 1.1
Persons Indicted for a Riot in Somersett County
Quarter Sessions and Removed into the Sup" Court
May term 1747
Edmond Bainbridge John Anderson (Clerk)
Samuel Price John Bunbridge Juhr
List of Rioters in Middlesex County Returned
upon a Record of View filed in the Supream
Court in Augf Term 1747:
Edmond Bainbridge Simon Wyckoff
Amos Roberts Theophilus Burwell
Jacob Shipman< Philip Ike
Barent Dewitt Cornelius Dehart
Thomas Clauson Dollings Hegemen Jim?
John Rickie Israel Rickie
John Jeffers Cornelius Johnson
456 ADMINISTRATION OF PRESIDENT HAMILTON. [1747
Garret Cornelison John Skermerhorne
- Bodine - Bodine
Abraham Van winkle Henry Hogelandt
George Hopper
with others unknown to the Number of one hundred
and fifty persons—
Judge NevilVs Charge to the Grand Jury of Middlesex
County at Session of June,
[From Original Draft among Papers of James Alexander in Rutherfurd Collection,
Vol. I, No. 24 J
Gentlemen of the Grand Jury,
The Law being always desirous diligently to find
out the Truth in all Causes called in Question in the
Courts of Judicature, to the End Impartial Judgment
may be given, and strict Justice executed accordingly,
hath in all Ages esteemed it to be the best Method to
search out this Truth by the Oaths of Honest, Law-
ful, and indifferent Persons; and certainly That Man,
who doth profess God to be his Creator by whom
alone he hopes for Salvation, when he doth solemnly
swea"r in the Presence of that God and his People, that
he will present the Truth and nothing but the Truth
according to his Knowledge, in the Matter in Ques-
tion as God Shall help him, that is. as he expects the
Blessing of God in this Life, and Eternal Happiness
in the Life to come, I say, certainly that Man will in
all Repects be void of all Partiality and private Affec-
tion; For an Oath is fitly termed a Holy Band or
Sacred Tie, a Godly Vow, and the Foundation and
Ground of Truth: A Ceremony instituted by God him-
self, wherein he is a Party, and will see it verify'd or
Sharply punished. Therefore as the Law doth rever-
ently respect the Oaths of Men, taketh her Intelligence
1747J ADMINISTRATION OF PRESIDENT HAMILTON. 457
of Matters in Faith from them; and giveth such
Credit and Approbation unto them as to found and
build her Judgments in most Cases of the Greatest
Importance upon them. So she has always intended
that those Oaths Shall be taken by Men of Sincerity of
Life and mature Judgment. Men indifferently affected
and such as will respect the Truth of their Knowledge
and not the Face of the Person; And when an Indict-
ment is found by a Jury of Twelve such Men, or above,
it is called Billa Vera, or a Presentment of Truth, I
think Gentlemen, I need say no more to you of the
Sacred and Solemn Obligation you now lie under; but
proceed in as brief a Method as possible to the Dis-
charge of my Duty by Laying before you such Mat-
ters as require your immediate Attendance and serious
Consideration. You are the Grand Inquest for the
Body of this County of Middlesex, sworn to inquire
into all Crimes and Misdemeanours whatsoever com-
mitted within the said County Capital or Not Capital
against God, the Kingdom or the County; And, here,
I must inform you tho' Capital Offences cannot be
try'd by this Court Nevertheless they are the Subject
of your Enquiry, nor can you, consistent with your
Oaths, dispense with that Enquiry and the Indictment
when found must be certify'd in the Court above,
where the Offenders will be tried and punish 'd accord-
ing to Law.
Gentlemen. A dangerous and terrible Insurrection
is l.-u dy begun and still continues to gain ground in
this Province by a great Number of abandon'd
Wretches, headed and encouraged by Men of Fortune
and great Estates, under Pretension of Reforming the
Laws, and Redressing Public Grievances, who refuse
to submit any longer to those just and equitable Laws
by which we and our Forefathers have been hitherto
governed; but in lieu thereof have Set up the Laws of
Violence, enforced by Staves and Clubs, and call these
458 ADMINISTRATION OF PRESIDENT HAMILTON. [1747
the best and only Laws to govern the Constitution, as
will be proved to you in your Enquiry, to the Great
Terrour of his Majesty's Faithful and Loyal Subjects,
the Subversion of the King's Government and to the
utter Ruin and Destruction of the Province, if not
timely prevented by the Sword of Justice and the Aid
and Assistance of every True and Sincere Lover of
his Country, for Never did the Natural 111 Will to Supe-
rior Power, and the inbred Malice to Authority, Shew
itself more or diffuse itself farther in New Jersey than
at present; and the Tumultuous and Bloody Times
which Consequently must attend such Woful Proceed-
ings will soon convince any Man of Sense how little
the Fury of a Mob is to be depended npon. There is
no Grievance that any Subject of Great Britain can be
liable to which the Law has not prescribed a Remedy
for; And it is most certain That the Seeking Redress
by Legal Methods is the only sure Way of obtaining
it; Any other Methods are much more likely to lead to
greater Evils than those complained of. To what a
Heighth of Wickedness are these People grown; all
Ranks of Men suffer, they not only threaten but have
even attempted the Lives of the Magistrates, they
subvert the Established Laws and Set up Laws of their
own, by the force of which they break open the Kings
Gaols and rescue Prisoners committed thither by Lsgal
Processes, they have openly said they will take and
imprison the Kings Officers and Loyal Subjects by way
of Reprise if they shall presume to do their Duty; Nay
to that daring and Surprising Impudence are they ar-
rived, as to declare, That if they shall meet with any
Resistance from the Authority, they will Kill and de-
stroy all before them. But I hope Our All is not yet at
the Mercy of a Lawless Rabble who have madly
clubb'd to destroy their Country and themselves. Nor
is there any Fear of it, if every good Subject will but
endeavour to do his Duty in the Station assign'd him,
1747] ADMINISTRATION OF PRESIDENT HAMILTON. 459
We are yet free and I hope we shall continue so, and
there can be no greater Justice than that the Spoilers
of a Free People should be spoiled by the Laws. But
all is owing to the Corruptness of the Times and the
Depravity of Mens Manners for when the Justices
shall be abused, reviled defamed, threaten'd and other-
wise ill treated by wicked Men for only doing the Duty
of their Office, and when these Offences are com-
plained of and given in Charge to a Grand Jury, by
whom such Offenders are indictable and no Notice taken
of it, its no Wonder that from first trampling upon the
Authority they arrive at greater Heighths of Wicked-
ness and attempt the Subversion of a Country. Some-
thing of this kind will be laid before you, and which I
likewise give you in Charge, even as I am informed
no less a Crime than threatning to beat a Magistrate
if he gave a Cause against him, this is a Misdemeanour
enquirable & indictable by you. I doubt not, Gentle-
men, when you seriously consider what has been said
to you, and what has been read to you, and the Mat-
ters of Fact which will be laid before you, but you will
do your Duty and discharge your Consciences like Hon-
est Men.
Gentlemen, On Friday last these Rioters to the Num-
ber of Two Hundred and upwards, entered on Horse-
back into the City of Perth Amboy, One of the Capi-
tal Cities of the Province, armed with Clubs 'and Staves
to the great Terrour of the Inhabitants, and being
alighted a Party of them upwards of a Hundred in
Number, marched on Foot in a Warlike Manner to the
Kings Gaol, where the Magistrates both of the City
and County, the High Sheriff and his Deputy, and the
Constable were met together in order to keep the Pub-
lick Peace; the Proclamation ordered by Law for Dis-
persing Rioters was read, and the Sheriff in a Civil
Manner forwarned them from Breaking open the Gaol
but all this Authority was treated with Scorn and Deri-
460 ADMINISTRATION OF PRESIDENT HAMILTON. [1747
sion, the Magistrates the Sheriff & Peace officers were
assaulted by the Mob with Staves and Clubs, the
Sheriff himself knock'd down and so grievously
wounded, that it was at first questioned whether he
would survive it, the Gaol was broke in the Presence
of the Magistrates, who were not able to repel so great
a Force, three Doors were burst open with an Iron
Crow and a Sledge Hammer to get at the Prisoner
John Bainbridge, who was thus violently set at Lib-
erty by these Rebels, for such I shall be able to prove
them by and by; after which by way of Insult to the
Publick Authority, they triumphantly marched
through the Town with Fiddles playing before them
threatning Death and Destruction to all that should
oppose them. This John Bainbridge was committed
by the Authority of a Process legally issued by the
King's Attorney upon an Indictment found against
him in the County of Somerset for Breaking open the
King's Gaol there and Eescuinga Prisoner legally com-
mitted thither. So that the said Bainbridge was a
Prisoner at the Suit of his Majesty arid not upon a
Dispute between Subject and Subject; Gentlemen, my
Duty obliges me to charge this Grand Jury with this
Rebellious Insurrection, or Levying of War against
the King; And in this nice Point, I shall not presume
to offer my own private Thoughts but lay before you
the Opinion of the Law relating to these Processes.
The first Authority I shall offer to you is Hawkin's
Pleas of the Crown, Book 1, Chap 17. Title High
Treason. Pobham 121, 122 More 621. [Other refer-
ences in the original are difficult to decipher]
Now that there was a Design of Rescuing Prisoners
in general will appear to you from one of the Mob
coming up to the Gaol after the Rescue of Bainbridge,
and inquiring if there were any more Prisoners, to re-
lease, if there were let them come out, and, Gentle-
men, in Cases of this Nature the Act of one is the Act
1747] ADMINISTRATION OF PRESIDENT HAMILTON. 461
of All and the Declaration of One is the Declaration of
All. For they were all near at Hand aiding and abet-
ting this Man By these Authorities it plainly appears,
That both by the Common Law and the Statute Law,
These Men are indictable for High Treason for the
. . . . Acts will be proved to you by Evidence
vi/. That they have made an Insurrection in order to
redress pretended Publick Grievances; and of their
own Authority have attempted with Force to redress
them; That they have insolently invaded the Kings
Prerogative, by attempting to do that by Private
Authority which he by Publick Justice ought to do,
and that is plain by Rescuing this Prisoner out of the
King's Gaol before he could be brought to Justice,
which (says the Law) manifestly tends to downright
Rebellion, and all Rebellion is High Treason; That they
have attempted to revenge themselves against the
Magistrates for Executing their offices; That they
have broke open Jaol with Design to release Prisoners
in General; That they have in a violent and Forcible
Manner withstood the King's Lawful Authority, and
endeavoured to reform the Government, which is
Levying War against the King and Rebellion, and all
Rebellion is High Treason. I charge you therefore
upon the Oath you have taken .... these
and Misdemeanours. Pity is certainly a Noble and
Godlike Attribute; but then Pity for yourselves! Pity
for your Families! Pity for your Expiring Laws!
Pity for the King's Good Subjects wounded, beat, and
abus'd! And most of All Pity for your Poor Distressed
Country Miserably torn to Pieces by these Seditious
Proceedings ought to have the Precedence. Besides
the Sacred Oath you [have] taken divests you of all
Favour and Affection as well of all Hatred and Malice,
which God forbid should remain in any of us, And I
do Solemnly declare in the Presence of God and this
Honourable Court, that tho' they have threaten'd my
462 ADMINISTRATION OF PRESIDENT JOHN READING. [174?
Life and Destruction to nay Famiiy, that I have not the
least Malice against any One of them; and that what
I have now alledg'd hath not proceeded from Rancour
but the Duty of my Office, and the pressing Necessity,
of putting an End to these dreadful Beginnings before
the whole Province is involved in Ruin and Destruc-
tion.
Letter from John Reading, eldest Councillor of New
Jersey, to the Lords of Trade — informing them of
the death of President Hamilton, and of his hav-
ing assumed the Government.
[From P. R. O. B. T., New Jersey, Vol. V, F 96.]
New Jersey June the 25*h 1747
My Lords
On the IT*.11 Instant John Hamilton Esq? late Presi-
dent of his Majesties Council and Commander in Chief
of this Province departed this life after a long and
slow illness which for some time before his death ren-
dered him unfit for the discharge of so great a Trust
that had fallen upon him But such was the Care and
diligence of the Council on that occasion that the Prov-
ince suffered no injury by his illness Immediatly after
his death the Council met and I being the person first
named in his Majesties Instructions to the late Gover-
nor they Swore me into the Administraion of the Gov-
ernment I think it my Duty to give your Lordships
this Information of what has happened in this Prov-
ince and at the same time beg leave to assure you that
I shall endeavour to administer the Government truly
and faithfully as long as it shall continue in my hands
and as near as may be agreable to the Royal Instruc-
tions It is with concern that I mention to your Lord-
ships the internal disturbances of the Province but
1747] ADMINISTRATION OF PRESIDENT JOHN READING. 463
shall not trouble you at present with any particular
account of those affairs which has already been lay'd
before your Lordships by order of the late President
and shall only say that my best endeavours shall never
be wanting to restore peace & tranquility to the Prov-
ince to support and mentain his Majesties Authority
and to check to the utmost of my Power the too prev-
alent Spirit of faction now reigning in this Govern-
ment
With my next I shall Send your Lordships the min-
utes of the Council and such other publick papers as
may let you into the State and Condition of this Prov-
ince and in the meantime beg leave to Subscribe my
Self
My Lords Your Lordships most
obedient & most Hum? Servant
To the Lords of Trade &ca
Letter from John Deare to Chief Justice Morris — in-
forming him of the Riot at Perth Amboy.
[From Copy among the Alexander Papers in the Rutherford Collection, Volume
H, No. 11.1
Perth Amboy July 18th 1747
Sir
A few Days ago I wrote Circular Letters to the Jus-
tices Desiring their Attendance here yesterday when I
had repeated Information the Rioters would Come &
Rescue John Bainbridge, Several of the Justices Came
& most .of the Constables, We heard in the Morning
the Mob were Gathering together about Woodbridge
464 ADMINISTRATION OF PRESIDENT JOHN READING. [1747
but according to your Honour's Advice it was Resolved
not to make any Resistance. About Eleven a Clock
the Justices the City Magistrates & I attended by my
Deputies and the constables went to the Market House
& Walked thare till between Twelve and one when a
mob of about One hundred & fifty, Armed with Great
Clubs Came into the Town on horse back. Rode by my
door, then alight, Tyed their Horses to Mr Johnston's
fence & Came on foot up the Street with Edmond
Bainbridge, Simon Wyckoff & one Amos Roberts at
their head and two Fiddles Playing. We mett them
at the Corner of the Court house I asked their Busi-
ness, Commanded them to Disperse, Read the Procla-
mation, which they Suffered me to do but when I be-
gan to Read the Writt by which I had taken Bain-
bridge I was knocked down & have a Grievous Wound
in my head they also Struck the Mayor, broke one of
the Constable's head beat several of the others and then
violently with a Sledge and Iron Barr & a Hatchet
broke open the Outward Door & inward Doors of the
Goal took out the Prisoner and Carried him off Huz-
zaing.
Bainbridge the Father & his Son had (afterwards) the
Impudence Attended by a few more to ride through
the Town down to the Ferry & Cross the River &
then went out of town. After they had broke the
Goal & as they were Doing it I believe about one hun-
dred of them Came into Town but the heads of them
Staid a few of those who came in were known. After
they were gone the Justices Recorded the Riot Incert-
ing the Names of Twenty one. This Sir is our Present
Condition of which I thought it my Duty to Acquaint
your Honour and am
Your Honour's Most obedient and
Humble Servant
JOHN DEARE
The Honb.le Robert Hunter Morris Esqf
1747] ADMINISTRATION OF PHESIDENT JOHN READING. 465
Affidarit* relating to the Riot at Perth Amboy, July
17M, 1747.
| Prom certified Copies among Rutherford Papers. James Alexander's Collection.
N. J. Papers, Vol. ID, No. 4.]
MIDDLESEX
Memorandum That on the 17th Day of July 21".1 Year
of the Reign of our Sovereign Lord George the Sec-
ond by the Grace of God of Great Britain, ffrance &
Ireland King &c WE Robert Hude, James Thomson,
James Smith, Thomas Nevill, John Stelle, Nicholas
Everson, Thomas Gage, W? Cheesman Esqr.8 — Eight
of the Justices of our Lord the King the Peace of our
said Lord the King in the s*? County to keep assigned,
& John Deare Esq. High Sheriff of the said County,
having Information of a Riot intended to be committed
in the City of Perth Amboy, We at the Request of
the High Sheriff af? together with him the High Sher-
iff af! did on the Day af<! in our proper Persons go to
his Majestys Goal or Prison in the said City of Perth
Amboy in the County afd and then and there did see
Edmond Bainbridge, Simeon Wyckoffe, Amos Rob-
f/V.s-. Theophilus Burrell, Jacob Shipman Philip
. . Barnet Dewit, Cornelius Dehart, Thomas Clau
son. Doling liegeman Jnnr, John Riskies, Richie,
John Joffere, Cornelius Johnson, John Schermerhorne
Bodinc. Abraham Vanwinkle, Henry
II< upland, George Bodine Hopper, John Hopper, and
other Malefactors, & Disturbers of the Peace, of our
si Lord the King, to Us unknown, to the Xumber of
!:><». armed \vith Clubbs, & being so as at'1 armed.
Riotously, unlawfully & at the said Goal, did assem-
ble themselves together & come, & the said Goal did
31
466 ADMINISTRATION OF PRESIDENT JOHN READING. [174?
assault, & with Force & Violence, to Wit, with an
Iron Barr, a Sledge & a Hatchet, One Out Door, &
two Inner Doors of the s* Goal did break open, &
thereout did rescue, Sett at Liberty, & carry away one
John Bainbridge Junr to the s<? Goal legally committed
by proofs out of his Majestys Supream Court of Judi-
cature in this Province, & other Harms to his Majes-
ty's s<? Goal in the s^ County of Middx Did, to the great
Disturbance of the Peace of our s'J Lord the King, to
the grievous Terror of his Majestys Liege People, &
ag* the Form of the Statute in that Case made & pro-
vid!1, In Testimony whereof We have put our Seals to
this present Record. Given at Perth Amboy the Day
& Year above Written
ROBERT HUDE (LS)
JAMES THOMSON (LS)
JOHN DEARE JAMES SMITH (LS)
JOHN NEVILL (LS)
JOHN STELLE (LS)
H EVERSON (LS)
THOMAS GAGE (LS)
John Nevill one of the Justices in the Record of
which the Preceeding is a Copy named do Certify that
I have examined the preceeding Copy with the original
& that it is a true Copy. Witness my Hand the 20th of
July 174Y. JOHN NEVILL.
RICH? FITZ RANDOLPH being one of the People called
Quakers, on his Solemn Affirmation Declares that on
the 17th Day of this Instant July being informed of a
Riot intended to be committed at Amboy and seeing a
Number of People Armed with Clubbs come into Town
he followed them to the Goal as a Spectator of their
Proceedings & saw them March up to the Goal to abo1
(as he thinks the Number of 200 when he also Saw
1747J ADMINISTRATION OF PRESIDENT JOHN READING. 40?
the Mayor Sheriff & several others of the Magistrates
both of the Town & County amongst them & heard
the Sheriff read the Proclam* Com'anding them to dis-
perse. Soon after which he this Affirment Saw one
among their Number (to him unknown) Strike the
Sheriff with the Butt End of his Clubb so that he
knocked him down, & in a short Time the Outward
Door & two inner Doors of the Prison were all broke
open, & this Affirment Saw one John Bainbridge Jun?
at Liberty out of the s1? Goal who Just before had been
close lock'd up therein, And this Affirment further
Saith that Just after the Sheriff was knocked down,
he saw one Burrill (being one of the Rioters) Menacing
& Threatening the Mayor of the City, who was then
among the Crowd endeavouring to make Peace, And
also Saw s(? Burrill lift up his Clubb & Strike at the
Mayor, but did not hit him, & farther Saith not
RICH? FITZ RANDOLPH
Affirmed this 20tb of July 1747 before me.
JOHNSTON.
THE AFFIDT of W1? Deare & Jarrett Wall taken be-
fore Andrew Johnston Mayor of the City of Perth
Amboy.
THESE Dep'? Say They have Seen John Bainbridge
Junr Since (as they are informed) he was rescued out
of the Goal at Perth Amboy by a Number of People
who broke open the s? Goal, »fe have talk'd to him
about that Affair— That among other Expressions of
the s'! Bainbridge they heard him say & threaten thi-.t
if any other Person shoa be put in Goal on John C(
account They wo'! go (meaning as these Depon!' under
stood, The People that broke the Goal at Amboy wo'i
go) & pull Coxe's House down abo? his Ears & oblige
him to walk before them to the Goal & deliver the
468 ADMINISTRATION OF PRESIDENT JOHN BEADING. [174?
Prisoner himself, and upon s* Dears Saying M' Coxe
wol have no More Right than they to deliver the Pris-
oner if he was put in at the Kings Suit, The s^ Bain-
bridge made Answer that then they wo* break the
Goal Doore open for him and Oblige Coxe to go and
lead the Prisoner out or Words to that .Effect, & fur-
ther say not.
Sworn the SO1." of July 1747 W* DEARE
before me And? JOHNSTON. JARRITT WALL
ANDREW KELLY of full Age being duly sworn on the
Holy Evangelists Deposeth & Saith that he was pres-
ent at the late Riot Committed at Amboy when the
Goal was broke open & one John Bainbridge a Pris-
oner in s* Goal Sett at Libty, that some Short Time after
the said Riot was committed (on the same Day) he
heard one of the psons concerned in it Ask another of
his Company if he had Seen Samuel Nevill upon which
the other Answered no Damn him for a Son of a Bitch
I wish I co* See him, I'd be the Death of him, or Words
to that Effect, that the Man that so threatened M"
Nevills Life was a Stranger to this Deponen* but was
one of the psons present with a Clubb in his Hand at
the breaking the Goal as af ? & further Saith not
Sworn the 20*h of July 174[7] AND?" KELLY
before me And"? Johnston.
MIDDLESEX S.s. JAMES THOMPSON of the Township
of Piscataqua in the Col.y of Middlx Maketh Oath That
on Friday the 17"1 Day of July He was at the City of
Perth Amboy, where a great Number of People were
met in a riotous Manner & broke open the Goal there
& this Dep1 further Saith that he heard some Person
I 74? I AmilVISTRATIOX OF PRESIDENT JOHN KKMUNO. 469
amongst the Rabble to this Deport unknown express
himself to this Effect to witt Whow is Nevill God
Damn him, We will put an End to him, And farther
this Dep* Saith not
Taken this 18th Day of July JA? THOMPSON
1747 before me And?" Johnston.
I do Certify that I have exam* the three proceeding
Copies with the Original Affidavits now in my Hands
& they do each agree with the Original
July the 20^ 1747 AND? JOHNSTON.
MIDDLESEX Ss SARAH MARTIN of the Township of
Wooodbridge, in the County of Middlx, Widow of
full Age Maketh Oath That on Friday the 17th of this
Instant July abo1 9 of the Clock in the Morning a great
Number of People to the Number of 70 or 80 as this
Dep? bel? & was informed, came to this Depon" House
a Tavern in Woodbridge afd, amongst which Company
were Simon Wicoff, Tho? Clawson, Hendrick Hoagland,
& many others to this Depon1 unknown But she bel*
to be some of the Persons called the Rioters, That they
Waited at this Dep" House & thereabouts near two
Hours (as this Dep* understood) for sev! more of their
Gang coming up. And this Dep' further Saith That
some of the sd Rioters sayd they were going to Amboy
to take a Man out of Goal; That about 11 a Clock they
went a Way towards Amboy— And this Dep' further
Saith that abo- 4 or 5 a Clock in the Afternoon of the
sd Day the sd Rioters Much abo' the afd Number re-
turned to her House, and that Simon Wicoff, Tho*
Clawson & Hendrick Hoagland were then in the sd
Company; And this Dep* further Says that she heard
some of the Rioters say that they had taken one John
Bainbridge out of Goal & had sent him over the Ferry
Home, And if there had beenaHundd Committed they
wo* taken them out as fast as they shod be put in, for
470 ADMINISTRATION OF PRESIDENT JOHN BEADING. [1747
they did not go abo* such an Affair, but what they
co(! do it, or Words to that Effect; And this Dep* fur-
ther Saith that she heard some of the s'? Rioters (to this
Dep- unknown) declare that if they had met with any
Resistance in Amboy, or if they (Meaning as this Dep'
bels the Authority) had fired upon them, the sc? Riot-
ers or hurt any of them There sho^ not have been a
Man left alive, or a House Standing in the s'J City of
Perth Amboy, but they the sc- Rioters if they.co'? have
done nothing else wo1! have drove them into the River,
And this Dep* further says that she heard some of
the s(! Rioters Say that they had built a Goal back in
the Woods & that they wo(? take M" John Coxe & M'
Sam! Nevill & put them into the s^ Goal & then See
who durst fetch them out, or Words to this Effect
And this Dep* farther Says that she understood by the
s{? Rioters Expressions that they had Way laid Mr
Coxe in Order to Catch him, And that they threatned
to do the s(! M'' Coxe a Mischief & pull his House down
to the Ground, And this Dep* further Saith, that
Simon Wicoff sayd to this Dep* you knew of our com-
ing why did you not get Beer, I recommended them
to your House, And this Dep* replyed I did not expect
to see you here, but I sho^ not have got Beer the
Sooner upon this Account, or Words to that Effect;
And this Dep* further Sayth that the s^ Rioters re-
joiced & greatly triumphed in what they had done
And further this Dep* Saith not
her
SARAH V MARTIN.
mark.
Sworn this 20th day of July
1747 before me Samuel Nevill.
I have examined the proceeding Copy with the
Origi! Affidt now in my Hands & find them to agree
July 201!' 1747.
SAMP NEVILL.
1747] ADMINISTRATION OF PRESIDENT JOHN BEADING. 471
Letter from Chief Justice Robert Hunter Morris to
James Alexander — about New Jersey Affairs.
I From Original among James Alexander's Papers in Rutherfurd Collection.
Volume 1. No. 8.]
Trenton July 28th 1747
Dear Sir
* * * * On Tuesday last I left home in order to
attend the President in Council the next day at Amboy
and we accordingly met on the Wednesday afternoon,
sundry affidavits were laid before us relating to the
Riot at Amboy, and the insolent behaviour of the
mobb on that Occasion, of which I would send you
coppys if I had time, upon them the councill advised
the calling the Assembly as soon as possible, and ap-
proved the form of a letter from the Secretary to Each
Member in which the disturbances of the Province
occasioned by the many Riots and particularly the
last at Amboy are mention'd as the principal cause of
their being call'd together at this time, that they may
have no pretence for not doing their duty— The time
of meeting is on the 3d tuesday of August and I hope
we shall have your company.—
I must own to you that I have no great expectations
of their doing any thing Effectually to stop so danger-
ous an evill, but nevertheless think it Right to push
the Matter as home to them as we can, not only in
the speech, but by Bills and messages from the Coun-
cill, and I think we should be ready early in the ses-
sion that they may have no time to contrive ineffec-
tuall measures that will have no other effect than to
screen them from the guilt of suffering these things
so long to pass with impunity, but will not answer
either to stop the present or prevent the like disturb-
ances for the future
The council agreed to make a representation to his
majesty of the state of the provinces, and for the
472 ADMINISTRATION OF PRESIDENT JOHN READING. [1747
Drawing up what is proper on that Occasion they have
appointed you Mr Coxe and Myself, I proposed a letter
from the President and Council to the D of Newcastle,
to be immediately drawn up, the gentlemen were in
too much haste to return to their homes to come into
any such step, and so it was not agreed to
The Court of Pleas and Quarter Session sat the last
week at Amboy for the County of Middlesex and
Nevill labour'd hard in his charge, and otherwise, to
have some of the Rioters indicted for high treason,
but he had a grand Jury that would hardly indict
them for a Riot; I told him I thought him wrong to
press that matter without first advising upon it, espe-
cially as the Supream Court was near; he said he had
W. Kearnys Advice for what he did, and seem'd very
fond of pushing the thing, and of having the witnesses
examin'd by the grand Jury in open court; but that I
prevented.
As this Insurrection has happen'd in the County
where the next term is to be held, it will be incumbent
on me to recomend it in the Strongest terms to the grand
Jury, and as I conceive it to be an overt act of Trea-
son I don't see how I can avoid mentioning it as such;
and on this head I must beg your thoughts and assist-
ance and for that end hope to see you at Amboy on the
day before the Court that we may agree upon what
will be proper to be said to the grand Jury. And here
I would Observe that it can have, no ill Effects upon
the honest part of the Province to have a Bill of high
Treason found against some of these Common disturb-
ers, but it may answer some good purpose, either by
inducing the Assembly to come into speedy and effec-
tuall measures, or if they refuse, by alarming the gov-
ernment at Home and making them think of taking
notice of, and punishing in the Bud, an evill that let
alone will wrest their Plantations out of their Hauds,
—but of this when we meet.
You Observe well that our greatest safety consists in
1747J ADMINISTRATION OF PRESIDENT JOHN READING. 473
our strength in councill, and in order to preserve it we
must take care to hang as much as possible together
and give no Just grounds for suspentions. — we have
no reason to expect any considerable number in the
other house, at present, whatever we may do on a new
choice, our chief dependance then must be on the
Middlesex Members and one or two more that they
can Influence, who by keeping themselves together
without Joyning either with the Quakers, or those in
the opposition may have it in their power to throw the
Ballance on which side they think best, and will con-
sequently be counted by both, and may challenge
better terms. — That there will be an opposition upon
the Arrivall of the new Governor, I make not the
least doubt from the knowledge I have of the temper
and disposition of some of the Members. *
Your letter to the Presid1 ' I signed and delivered at
Amboy upon reading it, he said he hoped we would
continue to assist him as we had done Mr Hamilton,
I told him Mr Hamiltons inability rendered it abso-
lutely necessary that somebody should carry on a cor-
respondence with the offices at home, but the case was
now altered, However I assured him that neither you
nor I should be wanting in affording him all the assist-
ance in our power upon every Occasion.—
When it was concluded to call the Assembly and to
press upon them this Matter of the Riots. The Presid1
Requested that Mr Cox yourself & I should prepare a
speech for him against their Next meeting and desired
we would mention it to you.
Inclosed I send you a letter from the Presid* to the
Lords of trade which you will please to read and for-
ward. He would date it before the Riot at Amboy
because he would not Mention it till he could send
home the Representation proposed to be made at the
next meeting.
i John Reading 8iiec<M><HnK Mr. Hamilton, a* the oldest Councillor.— ED.
474 ADMINISTRATION OF PRESIDENT JOHN READING. [1747
* * * My time will be so much taken up before
the Court in preparing what is proper for the Grand
Jury, and in writing some letters to England to go by
a Ship from Philadelphia, that I shall hardly be able
to apply my thoughts to the Presid'8 Speech and must
therefore leave that matter to you.
I observe in Paris's letter of the 10l.h of February that
he says Partridge drew up and presented to the Board
of trade aSpsciall memorial in favour of paper money.
Partridge has mentioned this in one of his letters to
the Late Presid? and the thing is talked of pretty pub-
lickly, I got .... speak to Eaton upon it (who
is one of the Committee of Correspondence) to know
if any orders were given him for making such repre-
sentation he declared there was not, and if he had
taken upon him to ask such an Instruction as would
give an unlimited lycence for passing of money bills
he should be no longer their Agent, this, and the rela-
tion he stands in to the govF ' will go nigh to throw him
from that trust, and if it should I think we may easily
put it into Mr Paris's hands, which if this take a bad
turn will be of great use; I have not Appeared in this
affair nor do I intend it, but think it may be managed
by other Hands, it may not be amiss to hint this to
M' Paris, and desire him to send a coppy of that spe-
cial! Memoriall.
* * I am glad to hear the gout has left you and
hope before the Court you will be able to walk without
either crutch or cain.
I am Dr Sir Your Most
FaithfuU Humble Serv*
1 Richard Partridge was brother-in-law to Governor Belcher.— ED.
INDEX
INDEX.
Alexander: James, 281, 294, 814-817, 829,
830, 860, 897.— Difficulties with Gov.
Cosby and President Clarke, of New
York, 71.— Irregular in his attendance
upon the Council, 107.— A member
for East Jersey, 109.— On North Par-
tition point, 145.— Letters from, and
R. H. Morris, about the affairs of
the Province, 419, 440.— Letter to.
from R. H. Morris, about affairs of
the Province, 471.
Allen: John, Recommended for the
Council of West Jersey, 110.
Anderson: Abraham, 416.
Anderson: John, One of the rioters, 45>r>.
Ant ill: Edward, Recommended for the
Council of East Jersey, 110.— Auto-
graph of, 238.— Referred to, 387.
Arents: Jacob, 808, 809.
Ashfleld: Richard, 318.— Recommended
for the Council of East Jersey, 110.—
Acting as such, 139.
Assembly of New Jersey: Thank the
King for giving them a Governor
separate from New York, 58.— Differ-
ences between, and the Council, 62,
65.— Settled a support for three years
on Qov. Morris. 68.— On appropria-
tion for troops. 101. — Representation
of, about manufacture of iron, 140.—
Two acts submitted for the opinion
of Francis Fane. 150.— To Gov. Mor-
ris, relative to the Militia, &c., 181,
189.— Dissolved by Qov. Morris, 190.—
Proceedings relative to acts regula-
ting fees, 239.— Minutes of October 3-
18, 1745. S4«.— On riots, 250.— Message
to, from the Governor, 251.— Rights
of. 321.— Petition to, from rioters.
3 W.— Extract from address of Gov-
ernor to, 404.— Address of, to Gover-
nor, 405.— President Hamilton's ad-
dress to, 436.— Message from, to
President Hamilton, 488.
Balnbridge: John, One of the rioters.
;Cl.— Rescued, 460-469.
Bainbridge: Edinoiid, Oue of the rioters,
455,465.
Baker: John, 208.— One of the rioters, 301.
Baldwin: Amos, One of the rioters. 351.
Baldwin: ( 'aleb. One of the rioters, 851.
Baldwin: David, One of the rioters, 351.
Baldwin: Nathan, One of the rioters, 851.
Baldwin : Nehemiah, One of the rioters,
8
Baldwin: Samuel, 346, 850, 861, 807.
Ball: Aaron. One of the rioters, 3M.
Ball: Ezekiel, One of the rioters, 351.
Ball: Nathaniel. One of the rioters, 351.
Ball: Timothy, One of the rioters. 351.
Balsey: Robert. 109.
Bayacd: John, 144.
Baylies: John, 207.
Baynton: Peter, Named for the Council,
107, li)9.-Died. 287.
Beacon: On Navesink Highlands, de-
stroyed 878, 879.
Beaxlev: Michael. Affidavit of, relative to
- ... .
Belcher: Jonathan. Ap]>ointed Governor,
80S, 484.— Petition to the King about
•alary, 443.— Autograph, 445.— Peti-
tion for leave of absence, 449.— An-
swer to foregoing petition. -15.').
Benyiiick: Thomas, 207.
Bergen: Riot in. u:>
Hills ..1 civdit: t>.', 111-110, 122,131,228.
•.'•-'•.. 200. 363. Sfil.
Bodiue: George, Among the rioters, 456.
Bonnel: Joshua, Vote on Militia Act, 202.
Bounell: Joseph, Speaker of House of
Assembly, 59.
Braiuard : Rev. Mr., 406.
Brief Vindication of the Purchasers.
against the Proprietors, in a Chris-
tian manner, 260.
Bristed [Breested]: William, 42!t. i::i.
Brown, Jr.: John, One of the rioters, 351.
Brown: Moses, One of the rioters, 851.
Brown: Zebedee, Oue of the rioters, 35i.
Bunbridge, Jr.: John, One of the rioters.
455.
Burlington: 260; Gov. Morris publishes
his commission at, .">7.— Described.
jjf.— Old papers found at 130.— Gov.
Morris taken sick at, 257.
Buniet: Gov. William, 71.
Burwell I Burn-Ill: Theonhilus, One of
the rioters, 351, 456, 465, 467.
478
INDEX.
C.
Camfleld: Ephraim, One of the rioters,
331.
Camp: Nathaniel, 3«5, 350, 801, 3C7, 896.—
Letter to, from Elisha Parker, 392.
Carkesss: Charles, Secretary to the
Commissioners of the Customs, 400.
Carteret: Gov. Philip, 209.
(Thapman: John, 147.
Chew : Samuel, of Pennsylvania, excom-
municated by the Quakers, 173.
Cheeseman: William, Affidavit respect-
ing riot at Perth Amboy, 405.
Clarke: George, of New York, comment-
ed on, 05, 73, 70, 78, 218.
Clawson: Thomas, 417.— One of the riot-
ers, 4~>5, 409.
Clinton: Gov. George, of New York, on
parUtion line, 10,'.— Alluded to, 218,
80S, 3rO, 372, 377.— Letter to, from
Capt. Joseph Espinoza, 380.— Letter
from, to Col. Schuyler, about troops,
441, 448. -Autograph of, 442.— Letter
from, to Duke of Newcastle, about
troops, 451.
Collinson: Peter, Correspondent of
James Alexander, 71, 77.
Colony: Annual produce of each, 87.
Commissions: To Gov. Lewis Morris, 2. —
Robert Hunter Morris, Lewis John-
son and Elisha Parker, 352.
Condit rCondict. Coneditt]: John, 294,
316, 340, 350, 301, 307.
Condict: Jotham, One of the rioters, 351.
Cook: Michael, 3«3, 350, 301, 367.
Cook: William, Vote on Militia Act. 292.
Cooper: Daniel, 426.
Cooper: Joseph, Vote on Militia Act, 292.
Cornelison: Garret, One of the rioters,
456.
Cosby: William, Governor, comments
on, 66, 71.
Council of New Jersey: Thank the King
for giving them a "Governor separate
from New York, 59.— Differences be-
tween, and the Assembly, 02, C5.—
Four members suspended, 105. 106.—
Reasons lor rejecting several acts,
219.— Recommendations for, 232. —
Oaths administered to President
Hamilton, 367.— About expedition
against the Indians, 309-371.— About
embarkation of troops, 370.— Extract
from message of the Governor rela-
ting to riots, 414.— Proceedings rela-
tive to troops, 424, 435.
Coxe: Daniel, One of Gov. Morris's pall
bearers, 308.
Coxe: John, Acts as one of the Council,
139.— Recommended for the Council,
233.— Referred to, 467, 470, 472,
Cranberry ; Indians living near, 400.
Craine: Azariah. One of the rioters, 351.
Crane: Gamaliel, One of the rioters, 245.
Crane: Job, One of the rioters, 215.
Crane, Jr. : Daniel, One of the rioters, 351.
Crane: William, One of the rioters, 245.
Cross: John, Presbyterian minister, 429,
432.
Crowell: Samuel, One of the rioters, 245.
Gun-entry: Questions of, considered, 51,
02, 78, 82, 91, 111, 132, 134.
D
Dagworthy: Capt. John, Number of men Deare: William, Affidavit about riot at
in his company, 425. Perth Amboy, 467.
Dalrimple: Joseph, 427. iDehart: Cornelius, One of the rioters,
Davis, Jr. : Jonathan, One of the rioters, 458, 405.
351.
Davis: Solomon, 165.
Davis: Nathaniel, Called Captain of the
rioters, 431, 432.
Day: Amos, One of the rioters, 351.
Day: Thomas, One of the rioters, 351.
DeKey: Thomas, 149.
DeLancy: James, 149. 169.
Demarest: David, Vote on Militia Act,
203.
Denton: Daniel, 237.
Denton; Nathan, 207.
Day, Jr.: Thomas, One of the rioters, 351 . Dewitt: Barent, One of the rioters, 455,
Day: Paul, One of the rioters, 351. 465.
Deare: John, Letter from, to Chief Jus- Dinwiddie: Robert, On the trade of the
British Empire, 83.
tice Morris, about riot at Perth Am-
boy, 403.— High Sheriff of Middlesex,
Dockwra: William, 428, 431.
Dod: John, One of the rioters, 351.
'Dunster: Dan. Donaldson, Acting as one
of the Council, 139.
Easom: John, Affidavit respecting Sloop
St. Megill, 390.
Eaton: John, Vote on Militia Act, 202.—
Prepares a draft of a message to the
Governor, 246.
Elizabethtown: Inhabitants of, petition
to Council about their controversies
with the Proprietors, 205.
Espino/a: Capt. Joseph, Complains of
• Imprisonment, &c., 380-388.
Everson: Nicholas, Affidavit of, respect-
ing riot in Perth Amboy, 465.
F.
Farmar: Thomas, Votes on Militia Act,
202, 203.
Farrand: Ebenezer, One of the rioters,
245.
Fees: Acts relating to, 238.
Fitz Randolph: Richard, Affidavit about
riot at Perth Amboy, 466
Flags: borne by ships having private
commissions, 128.
Foster: John, 207.
Fraser: William, Collector of Customs
at Salem, 98.
French: Philip, One of Gov. Morris's pall-
bearers, 363.
IN'DEX.
479
li
Gage: Thomas, Affidavit respecting riot Garner: Joseph, One of the rioters, 861.
at Perth Amboy, 468. Glass Manufacture: In New Jersey, 88.
Gardner: Thomas. One of the rioters. 245. Grants: Early, referred to. 887.
II
Hamilton : John, Speaker of the Council,
60.— Differences with GOT. Morris
about salary, G9. —One of the Council
from East Jersey. 109.— Autograph,
146.— On Gov. Morris' claim for a
special salary, 151.— Letters to, from
Lords of Trade, respecting Gov. Mor-
ris1 salary, 158, 172.— Instructions of,
to John Lawrence, about limning the
partition line, 151.— Commission to,
on East ar.d West Jersey line, 352.—
Sworn into office as successor to Gov.
Morris. 8'J8.— Notifies Council of New
York of destruction of beacon on
Highlands of Neversiuk, 879.— Re-
ferred to, 414, 410.— Address to As-
sembly relative to the troops, &c.,
486.— Answer of Assembly to fore-
going, 43'J. — Letter to Colonel Schuy-
ler, 447.— His death announced to the
Lords of Trade, -102.
Hampton: James, 471.
Hancock: William, Vote on Militia bill,
20,'.
Harison: John, 147.— One of the rioters,
S51.
Harrison: Amos. One of the rioters, 851.
Harrison: Daniel. 140. 402.
> Harrison: John, Commissioned to run
partition line, 852.
Harison: John, 147.— One of the rioters,
an.
Harrison: Samuel, 340, 850, 2C1. 867.
Hart: Edward, Raiding trooos for Cana-
da expedition, 371.872.— Cannot long-
er support them Himself, 878.
Hartshorne : Robert, In charge of beacon
on Neverslnk Highlands, 374.
liegemen. Jr.: Boilings, One of the riot-
ers. 455, 4U5.
Hoghtelen: Johannes, 1C7.
Hogelandt: Henry, One of the rioters,
45G, 465. 4GO.
Home: Archibald, Recommended for
the Council, 100.— Appointed, 127.—
Dies, 237,
Hood: Clawson, 417.
Hooper: Robert Lettice, 100, 197.
Hopper: George IBodine], One of the
rioters, 466, 485.
Hopper; John, One of the rioters, 465.
Hude: James, Recommended for the
Council, 281.— Autograph, 283, 287.-
Pall-bearer to Gov. Morris, 868.
Hude: Robert, Affidavit of, respecting
riot at Perth Amboy, 465.
Hunter: Gov. Robert. 71.
Ike: Philip, One of the rioters, 465. To the Governors of Plantations, rela
Indians: Near Cranberry, 406. tive to foreign coins, 94.
Indian Grants: Referred" to, 339, 341. In.i.: Manufacture of. Representation
Instructions: To Gov. Lewis Morris. 18.— ' respecting, 140.
Jacobus: Hendrick, One of the rioters,
Mk
.larratt: Allane, Surveyor of New York,
140, 170.
Jenkins: Griffin. Author of a Brief Vin-
dication. Ac., 2KH. 207, 311, 830.
Jeffries [Jefferies]: Edward, 415.
Jeffries (Jeffersl: John. One of the riot-
ers, 465, 465.
Johnson: Major. 40-.V
Johnson: Cornelius, One of the rioters.
455,465.
Johnston : Andrew. Succeeds Archibald
Home in the Council, 128.— Speaker
of the Assembly, autograph. 1 r,'.
lust mot ions to John Lawrence.about
running the partition line between
East and West Jersey, 154.— Recom-
mended for the Conucil. 2ti, i'37.
Autograph. 233. — Pall -bearer to GOT.
Morris. 888.— Referred to, 473
Kearny: Philip, Pall-bearer to Gov. Mor-
ris, 80S.
Keith: George. 165, 160.
Kelly: Andrew. Affidavit about riot at
Perth Amboy, 408.
Kemble: Peter, Recommended for the
Council, £88, 888.
Kent: Ely, One of the rioters, 861.
480
INDEX.
Lamson : Eleazar, One of the rioters, 245.
Lamson: Thomas, One of the rioters, 351.
Lawrence: John, Instructions to, about
running the partition line between
East and West Jersey, 154.
Lawrence: Joseph, One of the rioters,
345.
Lawrence: Robert, Vote on Militia Act,
202.
Learning: Aaron, Votes on Militia Act,
202, 203.
Leonard: Capt. Henry, One of the riot-
ers, 425.
Leonard: Nathaniel, In charge of beacon
In Neversink Highlands, 374.
Leonard: Samuel, Acting as one of the
Council, 139.— Votes on Militia Act,
202, 203.
Leonard: Thomas, Recommended for
the Council, 233, 288.— Pall-bearer of
Gov. Morris, 368.
Line: Partition, Between New York and
New Jersey. 188, 144.— North partition
point in, 145.— Instructions to John
Lawrence respecting line between
East and West Jersey, 154. -Report
of Chief Justice Morris respecting,
168. — Memorial of Proprietors for
running East and West Jersey line
ex part e, 216. — Between East and
West Jersey, 852.
Lindsley: Ebenezer, One of the rioters,
•351.
Lindsley: Josiah, One of the rioters, 351.
Little: John, 373.
Low: John. 294, 316, 267, 408.
Lyell: David, On East and West Jersey
line, 352.
Lyell: Fen wick, Member of the Council
for East Jersey, 109.— Dies, 237.
Lyndsley : Elisha, One of the rioters, 351.
Lyon: Isaac, 402.
M.
Martin: Sarah, Affidavit of, respecting
riot at Perth Amboy, 469.
Matthews: Capt. Vincent, 166.
McEvers: John, 169, 170. 171.
McConnell: Thomas. 430.
Miaker | Meeker]: Timothy, One of the
rioters, 307.
Mickle: John, Vote on Militia Act, 202.
Middlesex County: Rioters in, 455.—
Grand Jury of, charged by Judge
Nevill, 456.
Miller: Thomas, 429, 430.
Militia: Different condition of, in East
and West Jersey, 105. — Gov. Morris
on, 178, 179, 183, 198, 227, 265.— Ab-
stract of bill settling: the, 191, 407.—
Comments of Assembly on, 249.
Minisink Island: 163. 165, lYO.
Monmouth: Watches on coast of. 373.
— Beacon destroyed, 378.
Montgomerie: Gov. John, 71.
Morris: Lewis, Commissioned as Gover-
nor, 1, 2.— Instructions to, 18.— Pub-
lishes his commission, 56, 57. — Auto-
graph, 57.— Letter from, to Sir
Charles Wager, 60. — Comments on
the people and the Legislature, 61.—
Assembly grant him a support for
three years, 68.— Differences with
John Hamilton about salary, 69. — On
the raising of troops in New Jersey,
99. 101, 102.— Proclamation about cur-
rency of foreign coins, 117. — On New
Jersey affairs. 130.— Petition to, about
the partition line, 138, 139, 144.— Claim
of, for special salary, 151, 172.— To
Gov. Clinton, of New York, about
partition line, 162.— Speeches to the
Legislature, 178.— Dissolves the As-
sembly, 190.— Observations on Militia
Act, 198.— Petition to, from the East
Jersey Proprietors, to run the parti-
tion fine ex parte, 216.— Representa-
tion to, from the Council, with rea-
sons for repealing several acts, 219.—
Certificate of, relative to the surren-
der of the Proprietors, 234.— Message
to, from General Assembly. 246.—
Message to the Assembly. 251 .—Taken
sick in Burlington, 257.— Referred to.
363.— Dies, 368. 414.
Morris, Jr.: Lewis, 169.
Morris: Robert Hunter. Chief Justice.
286.— Report to the Proprietors about
northern boundary, 168. —Referred
to, 294, 315-317, 329, 333, 359, 360.-
Commission to run line between East
and West Jersey, 352.— Letter to
James Alexander about New Jersey
affairs, 421.— Dies (1764), 324.
iMott: Gershom, 154.
IMott: William, Vote on Militia act. 202.
I Murray: Joseph. 393, 306.
N.
Nevill: Samuel, Judge, Acting as one of
the Council, 139.— Autograph, 323.—
Votes on Militia Act, 202, 203.— Speech
in Assembly in answer to the rioters'
petitions. 3-^3. -Referred to, 409, 417,
168-170, 472.— Charge to Grand Jurv,
456.
Nevill: Thomas, Affidavit respecting
riots at Perth Amboy, 465.
Neversink: Beacon in the Highlands of,
373.
Newark: Riots in, 251, •-'92, 297, 321, 386.
New Jersey: Trade of, 135.— Population
Nichols: Gov. Richard, 208.
O.
Ogden: David, 293, 294, 314, 315, 328, 334, lOgden: John. 208
346, 349, 359, 393, 895, 396, 412.— Trans- Ogden : Samuel, One of the rioters. 351.
mits affidavits relative to riots, 426.— '
Autograph. 427.
INDEX.
481
Pacheco: Rodrigo, Correspondent of
James Alexander, 77. - Memorial of,
to the Lords of Trade about purchas-
ing lands from Indians. 1 1.>.
Paper Money: 51. 62. 111.
Paris: Ferdinand John, Letter from, to
James Alexander, 422.— Notice of, and
autograph. 484.— Referred to. 474.
Parker: Elisha, 856. 881.— Commissioned
to run line between East and West
Jersey, 868.— Letter to, from Com-
mittee of Rioters, 392.— Affidavit of,
relative to proceedings of rioters,
895.— Autograph, 397.— Notice of, 897.
—Referred to, 418.
Parker: Capt. James, Number of men in
his company, 425.
Parker: James. Publisher of The New
American Magazine, 324.
Parkens: Samuel, One of the rioters, 857.
Partridge: Richard. On the paper cur-
rency of America, 91. — Memorial of,
to Lords of Trade, about purchasing
lands from Indians, 142.— Order of
Council upon petition of, relative to
bills of credit, 361.— Petition of, 362.
—Autograph. 365. -Petition of, about
bills of credit, 488.— Referred to, 474.
Pearson: Isaac. Vote on Militia Act. 202.
Pennsylvania: Excommunication of a
Quaker Chief Justice. 178.
Penn: William, 281, 299.
Perth Amboy: Oov. Morris publishes his
commission at, 67.— A poor, incon-
siderable place, 108 —Alluded to, 130,
131, 166, 2(50, 261.— Riot at. 4«8.— Affi-
davits relating to riots at, 465.
Perry: Benjamin, One of the rioters, 851.
Pierce: Capt. Vincent. Son-in-law of Qov.
Morris, 60.
Pierson: Joseph, One of the rioters. 245.
Pierson [Person!: Jonathan, 3JG, 350. 861.
867.
Pierson: Benjamin, One of the rioters,
851.
Population : Of the different colonies, 89.
—Of New Jersey, 242.
Price: Samuel, One of the rioters. 455.
Proprietors of East Jersey: Publication
of, respecting the riots, 297.— Answer
of, to a petition of rioters, 853.— No-
tice to, from C'ommittee of Rioters,
365.
Provoost: , Discharged from the
Council. 202.
Q-
Quakers: Opposed to the Council, 66.— I West Jersey, 104.
Render it difficult to raise troops in |
Read: Charles. Pall-bearer to Oov. Mor-
ris, 368.
Reading: John, Member of the Council
from West Jersey, 109.— Speaker of
Council, autograph. 148, 463.— Letter
to the Lords of Trade on death of
President Hamilton, 462.
Redford: Major John, of Monmouth. 378.
Rickie (Richie): Israel, One of the riot-
en, 465.
Rickie [Richie] : John, One of the rioters,
1'".
Riot at Perth Amboy: 468, 465.
Riot* at Newark: 961. 297.— State of facts
respecting, 307.
Rioters: List of, in Essex County, 845.—
Committee from, 989.— Petition from.
to House of Assembly. 848.— Answer
of Proprietors to, 858.— Letter to.
from East Jersey Proprietors. 392.—
Their publication in New York Post-
boy, 404. — Affidavits respecting, 427.- -
In Somerset and Middlesex Counties,
4.V>.
Kiski.-s: John, One of the rioters, 465.
Rit^er: Abraham. One of the rioters. 245.
Roberts: Amos, One of the rioters, 351 ,
408, 404. 455, 465.
Rodman: John, A member of the Coun-
cil from West Jersey. 100.
Rutherfurd: John, 8D7
Kutherfurd: Walter, 897.
Ryerson: Martin, 154, 158.
Salem: Manufacture of glass at, 96.
Baltar: Richard, In charge of beacon on
Neversink Highlands. 374.
Sargeant: Thomas, One of the rioters,
*45, 401.
Schuyler: John, Discharged from the
Council at his own request, 105, 237.
Schuyler: Peter, Appointed Colonel of
forces in Canada, 878.— Number of
men in his company, 424.— Letter to,
from Gov. Clinton, 441.— Letter to.
from President Hamilton, 447.— Re-
ferred to, 451.
Schermerhorn [Skermerhorne] : John.
One of the rioter*. 455, 46S.
32
Scovenoven: Isaac, 167.
Shinn: Thomas. Vote on Militia Act, 208.
Shipman: Jacob, One of the rioters, 455,
MB.
Shirley: Governor. 868.
Slaves: Number of, in the different colo-
nies, 90.— Bill for larger duty on, re-
jected by the Council, 222.
Smith: James, Affidavit of, respecting
riot at Perth Amboy, 465.
Smith: William, 169,888.806.
Smith: Richard, A member of the Coun-
cil from West Jersey, 109.— Vote on
Militia Act, 809.
Smyth: Lawn-nee, Clerk of East Jersey
Proprietors' Council, 809.
482
INDEX.
Sonmans: Peter, Wife of, 823.
Somerset Jail: Broken open, 417.
Somerset County: Rioters ia, 455.
Spicer: Francis, 315.
Squire: Jonathan, One of the rioters, 245.
Stacy: Mahlon, Acting as one of the
Council, 131).
St. Megill: Sloop captured, 8SO-392.
Stelle: John, Affidavit respecting riot at
Perth Amboy, 405.
Stevens: Capt. Campble, N number of
men in his company. 428.
Stivers: Samuel, One of the rioters, 245.
Surrender of the Government in 1702:
235.
T.
Taylor, Jr.: David, One of the rioters,
351.
Thom'inson: ('apt. John,
money in America. 111.
On paper
Thompson: James, Affidavit of, about
riot at Perth Amboy. 405, 408.
Timber: Bill for the preservation of, re-
. jected, 220.
Tompkins: John, One of the rioters, 245.
Trenton: Alluded to, 201. 202.
Troop: Raising of, in New Jersey, 90, 419.
V.
Vanaken: Abraham, Petition of, about
disturbances on northern boundary.
103, 107-108, 218.
Van Buskerk: Lawrence, Vote on Militia
Act, 20J.
Van Dam: Rip, 73, 74.
Van Gesiu: Isaac, 2rJ3, 294, 311, 351.
Van Home: Cornelius, Discharged from
the Council at his own request, 1015,
237.
Van Middleswart: John, Vote on Militia
Act, 202.
Van Veghten: Dirick, Vote on Militia
Act, 202.
Van Winkle: Abraham, Ona of the riot-
ers, 4oG. 405.
Van Winkle: Johannes, One of the riot-
ers, 245.
Vincent: John, One of the rioters, 345.
Vincent, Jr. : Levi, One of the rioters, 2JG.
Vincent: Le vines, One of tlie rioters, 351.
" Vindication of the Purchasers against
the Proprietors in a Christian man-
ner," 200.
Vessels: Number of, trading with the
Colonies, SJ, 85.
Vreeland: George, Vote on Militia Act,
202.
Vreelandt: Michael, 346, 307.
Wager: Sir Charles, Notice of, CO, 77.
Wall: Jarret, Affidavit about riot at
Perth Amboy, 407,
Ward: Abe 11, One of the rioters, &51.
Ward: Caleb, One of the rioters, 331.
War 1. Robert, One of the rioters, 245.
Ward: EUsha, One of the rioters, 245.
Ware: Capt. Thomas, Number of men in
his company, 425.
WarreJl: Joseph, 100.
Watson: Luke, 207.
Westbrook: Johannes, 1GG, 107.
Westphale: Inman, Petition of, about
disturbances on northern boundary,
103, 1G7. 108, 215.
Wells: John, One of the rioters, 301.
Wheeler: Nathaniel, 346, 350, 361, 367.
Wileman: Henry, 145.
\\ills i Wells |: John.Discharged from the
Council at his own request. 100, 237.
Williams: Joseph, One of the rioters, 3.">1.
Williams: Daniel, One of the rioters, 24.\
Williamson: William, One of the rioters,
2-15.
Willocks: George, Connected with East
and \Vest Jersey line, 352.
\Vjllocks: John, Vote on Militia Act, 202.
Wispar: Caspar, Interested in the manu-
facture of gla?s at Salem, 18.
Woodruff: Joseph, 213.
Wyckoff: Simon [Simeon |, One of the
rioters, 455, 465, 469.
Y.
Young: Robert, One of the rioters,245,401.- Young: Stephen, One of the rioters, 245
F
131
D63
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